Q: Ive lived in GA for 4 years with my son(7) dad in NJ do I file in GA for sole custody, Dad has nvr met child but pays CS
Child born in NJ when we resided there moved when child was 2. Dad has never met or tried to meet child pays child support occasionally. Now in GA but never transferred CS order but would like to apply for sole custody as child has special needs and I want to get a trust set up.
A: If you're the mother and the father has never legitimized, you already have sole physical and legal custody under GA law. Therefore, you wouldn't file for something you already have. If the father now wants to file for sole custody, he should file in the county where the mother lives and have her served. The child support order can be domesticated in the state of GA and then a GA court can modify said order if a modification is requested. However, the father might challenge the modification by a GA court if he still resides in NJ, where the order originated.
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