the mother and child moved to Alabama but the father still resides in Georgia in the county where the divorce was filed. He is going to file contept of court on her for not letting him see the child on his weekends that were agreed to in the origional divorce papers. So would the dad file in Georgia or would he have to file in Alabama since the child has lived there for over 6 months now?
2007-09-28 02:38:31 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
he is entitiled to every other weekend, every other holiday and all summer in the divorce papers. he pays $400.00 child support on the 3rd friday of the every month and she holds him from the dad until she recieves the check and thats the only time he will see him in that month, until the next check is recieved by her. dad never ever gets him on holidays and maybe 2 weeks out of the summer. She is now doing child support enforcement through the state of Alabama.
2007-09-28 03:08:16 · update #1
UNTIL ALL PARTIES to the divorce have moved from the originating jurisdiction, all future and subsequent actions are to be filed in the court or original jurisdiction.
The UCCJA does not allow change of jurisdiction based on the Child's home state until all parties have left the original jurisdiction.
One question I have is did the mother have the permission of the court to remove the child from the jurisdiction?
2007-09-28 04:04:35 · answer #1 · answered by hexeliebe 6 · 1⤊ 0⤋
I am pretty sue he can file in GA. State laws vary, but she probably didn't have permission from the court to take the child to a new state. If he has custody in most cases, the other parent can't just up and move without court permission.
He might even be able to get custody. He will need a lawyer.
2007-09-28 09:52:13 · answer #2 · answered by rumbler_12 7 · 1⤊ 0⤋
All actions are taken in the State they originated in. Where the divorce was finalized. My wife still has to go through Florida Child Support for problems with her ex who lives in Tenn and we now live in AR.
2007-09-28 10:03:58 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
He would have to initiate any action in Georgia. You cannot have the matter proceeding in two jurisdictions. Or, the matter in Georgia would have to be discontinued and then a new action taken in Alabama.
Depending on the final order, she may or may not have been entitled to move. Is she just all out denying access or is it more that it is just to hard to have access?
2007-09-28 10:00:15 · answer #4 · answered by elysialaw 6 · 1⤊ 0⤋