I am originally from Connecticut but recently moved to Georgia and my ex and I dont have a primary custody agreement can I take him to court in Georgia or do I have to file again in Connecticut if I want to re-open this case?
2007-12-14 07:10:13 · 10 answers · asked by blondeberg86 2 in Politics & Government ➔ Law & Ethics
If you had a custody case open in Connecticut, that court still has jurisdiction. If you "refile" in Georgia, you will have to disclose the CT case to the court and the GA court will usually recognize CT's jurisdiction over this matter.
2007-12-14 07:14:36 · answer #1 · answered by raichasays 7 · 2⤊ 0⤋
OK, the Uniform Child Custody Jurisdiction Act has been adopted by all states with minor changes from state to state.
The main provision of the UCCJA is that the Court with the jurisdiction to decide custody and other issues with regard to the child(ren) is the State with the most contacts with the child for the previous 5 years. So, looking back 5 years, does Georgia or Connecticut have the most contacts? They might include school, church, medical doctors, residency, relatives, and a whole host of other things. It won't be until the new state can overcome these things that you might be able to transfer court proceedings.
** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-14 07:51:19 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
Yes, after the child has been in Georgia for at least 60 days, you can file to transfer jurisdiction to Georgia, and with it file a motion in Georgia for modification of custody and child support. You should file this as soon as possible, before he files for return to CT.
2007-12-14 18:51:44 · answer #3 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
let me get over the fact you took the child so far away from the father first....
after 6 months,you can file in GA, however, be advised, if you are going for full custody of the child, he can turn right around and demand your return to CT because you took the child without his consent anytime before that, and possibly gain custody of the child himself.
If you have a case in court that is pending in CT (I'm getting that by you saying you want to RE-OPEN the case), and you moved - you could be charged with parental kidnapping depending on the circumstances.
You may want to go back to CT, and finish your case there, and also get permission from your ex and the court to move.
2007-12-14 07:40:17 · answer #4 · answered by allrightythen 7 · 0⤊ 1⤋
If your ex still lives in CT - I would venture to say that CT still has jurisdiction in this case. Though I'm not sure.
Consider contacting a divorce/family attorney who specializes in this arena. They will be able to review your situation - and answer this question very quickly! Don't waste your time with someone who is a general practitioner.
My family/divorce attorney was great. Very accomodating, very helpful - and since she only practices FAMILY/DIVORCE, and etc.. - she is the expert. Consider emailing or calling her. She can help you out - and she's very reasonable and extremely accomodating. Her name is Sheryl Berman - and I believe her # is 203.887.7813. Her email address (if memory serves) is sberman@bermanfamilylaw.com.
Don't fool around with this! Asking an expert is the only way to go!!!
Best of Luck! Let us know how you make out!
2007-12-14 08:28:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I believe you have to file where the divorce judgement originally happened (Connecticut!)
A call to a family lawyer might help.....It shouldn't be expensive and they can get the facts and will tell you what you need to know.
Someone below recommended Attorney Berman. I don't know her, but my co-worker used her - with great success.
Good Luck
2007-12-17 05:52:29 · answer #6 · answered by jennybctfun 1 · 0⤊ 0⤋
I do believe you have to file where the divorce took place. If I were you I would get a family atty and discuss your options but I do not believe you can.
2007-12-14 07:18:36 · answer #7 · answered by soccermom90 1 · 0⤊ 0⤋
you file where the children reside. So if they live with you primarily then file in that state, in this case Georgia.
2007-12-14 07:14:51 · answer #8 · answered by Slick 5 · 0⤊ 1⤋
Great Scott!
Why go home, and take care of were they was born
2007-12-14 07:20:20 · answer #9 · answered by Anonymous · 0⤊ 1⤋
yes
2007-12-14 07:34:35 · answer #10 · answered by consultant? 2 · 0⤊ 1⤋