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Custody for unmarried parents Georgia

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  • #16
    Resident

    I believe what mommyof4 states is correct. You need to be in a new place for at least 6 months before you are a resident of that place.

    So, unless she moved there in the beginning of April, then she is still a resident of Alabama.

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    • #17
      You are a resident as soon as you move, provided you fill out forms saying you've moved (ie, driver's license, voter id, etc.). You can vote 30 days after you've *moved* somehwere and established residency, not six months. Same thing. If she rented an apartment, moved all her stuff, got a new license, registered her car, registered to vote, etc., she's a resident.

      I would hire an attorney and ask for sure, but if you file in the wrong place, you can also apply for a change of venue.

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      • #18
        Originally posted by MomofBoys View Post
        You are a resident as soon as you move, provided you fill out forms saying you've moved (ie, driver's license, voter id, etc.). You can vote 30 days after you've *moved* somehwere and established residency, not six months. Same thing. If she rented an apartment, moved all her stuff, got a new license, registered her car, registered to vote, etc., she's a resident.

        I would hire an attorney and ask for sure, but if you file in the wrong place, you can also apply for a change of venue.
        No, you are not for a court to have jurisidiction over any legal matter. If her legal address has not been in Georgia for 6 months and she has not been residing there, she is NOT a legal resident of GA for jurisdictional purposes. Therefore, the father will need to file in Alabama.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

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        • #19
          Maybe it's just different state to state? Because I was NOT a resident for 6 months when my case was filed where I live, and there was never a problem. My attorney (and his) both said it was where the child lives.

          I'm going with that whole "get an attorney" thingy.

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          • #20
            And won't he eventually need a change of venue anyway if she's moved before he's established paternity? If she lives in Georgia, how can an Alabama court enforce anything she's ordered to do?

            Sorry. Rambling.

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            • #21
              Originally posted by MomofBoys View Post
              And won't he eventually need a change of venue anyway if she's moved before he's established paternity? If she lives in Georgia, how can an Alabama court enforce anything she's ordered to do?

              Sorry. Rambling.
              If he files in Alabama to establish paternity (assuming of course, that he did not sign an acknowledgement of paternity, in which case legal paternity has been established) she will be subject to Alabama court jurisdiction. Just because a person lives in a different state does not mean that as long as the court rightfully has jurisdiction, that person is not subject to that court's ruling. If she wanted GA to have jurisdiction, she should have moved earlier. I know it gets confusing, but it IS pretty cut and dried as to when which court retains jurisdiction. Also, if Alabama hears a case and after 6 months (or longer) she petitions for GA to assume jurisidiction, it will be up to the Alabama court to release jurisidiction. In the event that she would defy a court order, states work honor other state's orders and will work together to enforce any order of the court issued in any of the states (and in some cases, internationally).

              Short story is that she is not a legal resident in Ga for jurisidiction purposes and it will be up to Alabama if they want to allow GA to assume jurisdiction. If he waits until she has lived in GA for 6 months, you are correct that Alabama will not have jurisdiction. That is why he needs to file NOW. You are also correct that he should get an atty.
              Last edited by mommyof4; 10-18-2006, 11:52 AM.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #22
                Apparently I am facinated by this, so I hope it is helping the original poster and not confusing. Anyway, I found this:

                Jurisdiction
                Jurisdiction is the imaginary fence that separates the subjects one court hears from another. There are two types of jurisdiction: personal and subject matter. The court must have both types of jurisdiction to hear a case. Personal jurisdiction, the power to require a person to appear in court, is discussed in the Service of Process section of this Web site. To have jurisdiction over your specific custody or visitation case the court will require one of the following: [Georgia has statutory guidelines for determing custody].

                Georgia is the home state of the child (lives in state, goes to school in state) and the parent has sufficient contact with the state (works, votes, lives, pays taxes in Georgia).

                Georgia was the child's home state within the last six months and the parent filing for custody continues to live in Georgia and the child is absent from the state because another person took them out of Georgia claiming custody.

                The child and at least one of the parents have significant connection with Georgia (live, work, go to school here) and in Georgia there are more records and witnesses to give evidence of the child's present or future care, protection, training and personal relationships.

                The child is physically present in Georgia and was abandoned or emergency protection is necessary (the child was threatened or subjected to abuse or neglect).

                No other state would have jurisdiction based on 1,2,3, or 4 above.

                Another state says Georgia has jurisdiction.

                Child was removed from Georgia and the Uniform Child Custody Jurisdiction Act does not apply and no other state has jurisdiction, then Georgia will have jurisdiction if:

                Georgia was where the married couple lived, paid taxes, voted, etc., but the parents are now currently separated or divorced or Georgia was where the marriage contract was last performed.

                One parent is a resident of Georgia and was a resident when the child was removed.

                Court has personal jurisdiction over the parent who has removed the child.

                Therefore:
                Doesn't the child (not the mother) qualify for Georgia jurisdiction if Georgia is listed as the child's address on the birth certificate, the mother has sufficient contact with the state (works, votes, lives, pays taxes in Georgia), the child and the mother have significant connection with Georgia (live, work, go to school here) and in Georgia there are more records and witnesses to give evidence of the child's present or future care, protection, training and personal relationships (maybe she lives with family?).

                Sorry that was so long.

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                • #23
                  website information

                  Here's where I found that:

                  http://www.divorcelawinfo.com/states/ga/gacustody.htm#3

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                  • #24
                    It also says,

                    "The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child."

                    I think this is why I think the 6 month thing applies to cases like divorce, but not custody. If she skipped town for Georgia, has friends, family and a residence there, and until paternity is established, she's the only parent who has legal rights, doesn't that make Georgia the "location that is most closely associated with the child?"

                    Man, I hope this is helping and not confusing!!

                    Comment


                    • #25
                      I think this is where you are getting confused. Until the mother establishes legal residency for jurisdictional purposes in GA (6 months) GA is NOT the home state of the child.

                      Here is an excellent explanation of how this works. Scroll down to the second paragraph on the second page for the specific explanation to your question and confusion.
                      www.oddlaw.net/doc/ChildCustodyJurisdiction.doc

                      Home state status is the primary focus when determining jurisdiction. I know that you are not going to believe me, but I am not wrong about this. I went through this issue during my custody case. This is federal law. By the way, the UCCJEA does not legislate this issue. The PKPA does.
                      Last edited by mommyof4; 10-18-2006, 12:39 PM.
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment


                      • #26
                        But...

                        It also says that the "home state" isn't necessarily the same place as where the parties have "significant connections" or where there is "substansial evidence" about the child's best interests.

                        I wish there was an icon for "throws hands in air admist utter confusion."

                        Again, contact an attorney. It's really the best thing to do no matter what kind of advice we can or cannot give!

                        BTW.. cowpats is back and really mad at Mommyof4 on another thread.

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                        • #27
                          Also, I totally believe you. I just hope I am providing the original poster with important jurisdiction questions to ask his attorney. All the info he can get will be helpful! (I hope)

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                          • #28
                            here you go.


                            cowpats is going to have bigger issues to worry about than whether he is mad at me or not. I'm in the process of getting copies of his posts to the police. I always wonder at the intelligence of those that threaten a judge on a public forum.

                            I know it is confusing, but the first thing considered if there is a jurisdictional question is the home state status. As she lived in Al with the father and had the baby in Al, the main connection for the child is in Alabama. Her father is there. Therefore, even if they would go by significant connections, the baby's parents are the number one sig. connections.

                            Well, now that we have thoroughly beaten this horse to death...





                            HOOK 'EM HORNS!!!
                            How do you catch a very rare rabbit?
                            (unique up on him)
                            How do catch an ordinary rabbit?
                            (same way)

                            Comment

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