Getting a Child Support Petition filed in another state?

[vivarantthang]

What is the name of your state? Georgia

What can I do to establish a child support order for my children's father who is incarcerated in New Yorlk? I know he gets out in February, and then he will be no where to be found, Can I serve him while he is in jail and then get a court date that is in March? Where do I file New York or Georgia? Do I have to go to court if it is in New York? What if he doesn't show up to court if it is in Georgia? Can the judge just order an amount without him being there? Can I testify over the phone or something. How come there is no family court in Georgia, or forms where you can file the petition yourself, New York has forms that you can do it your self? Georgia child support enforcement is a joke, they take months and months and then they tell you oh we can't find the non-custodial parent even though you have provisded them with everything they need to find them, They just juice you out of administration fees! HELP!

 

[Whyte Noise]

Georgia DOES have a "family court". It's called "Superior Court" and is where all domestic relations cases are handled.

Georgia also has forms online. Here's a link to the Fulton County Superior Court "Family Division" forms.

http://www.fultoncourt.org/family/forms.php

You can use those in any county in Georgia (according to Legal Aid there), you just have to change it from Fulton, to whatever county you're in.

 

[Whyte Noise]

Oh... and you'll get a court date whenever they decide to hear it. My divorce was filed in March, my court date wasn't until August... and it was an uncontested divorce.

This was in Georgia.

 

[rmet4nzkx]

Where is jurisdiction, GA? CSE can't do much if he isn't employed, however if he needs to be served he is a captive audiance until February.

 

[vivarantthang]

New York has jurisdiction for our custody case....

New York has jurisdiction for our custody case, but she wouldn't rule on child support because dead beat was still in jail. She really should have ruled on some amount, cause this is a hassle. Will the jurisdiction still be in New York for support, because I am all tapped out from flying to New York 8 times in 1 year, to fight for full custody of my children. Can't it be done in Georgia?

 

[rmet4nzkx]

How long has he been in jail? Have you applied for welfare in either New York or GA?

While it is possible to get sole custody of the children if the period of incarceration was sufficient, via TPR, you would not get child support. Do you have a spouse willing and able to adopt the children?

You would have to consider, the best interest of your children and the possibilities of getting childsupport?
Statute: Soc. Serv. Law § 384-b
Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Mental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child

 

[vivarantthang]

What does jurisdiction mean?

Don't qualify for welfare, and child support enforcement here is dragging there feet about establishing an order. He wont agree to my husband adopting them, but yet my husband is providing their medical insurance and everything else. The judge gave him visitation, so she wont terminate his rights. He is in jail for abusing them with corporal punishment. Being that NY still has jurisdiction over custody case what does that mean? I fought for full custody of them myself and won with no attorney (couldn't afford one, and he of course got the legal aid attourney) so I don't know what that means.
Isn't it inconveinent for us to have to travel to NY everytime there is something that needs changing in our order? That is not best for my children. I think the judge kept jurisdiction to be spiteful and to aid their father and make it easy for him to get to court and not us. Doesn't make sense.

 

[stealth2]

Which state issued the original custody order? NY? And then you moved to GA?

 

[vivarantthang]

Need to find a Child Support Petition Form only

Also, I need a georgia form for JUST child support, the ones on the link you gave me are for visitation modifacation and child support modification, all I need is the petition to establish child support order, thanks!

 

[rmet4nzkx]

No the judge won't terminate parental rights at least in re to child support, in an instance where the children were abused that would violate public policy. He will still owe child support and likely never have anything more than supervised visitation. However, there are a number of complex issues here that make having jurisdiction changed to your state desireable and will require you getting an attorney competent to deal with these issues, because it will involve moving jurisdiction because of the abuse/family violence, because you moved otherwise NY retains jurisdiction. The judge is only doing what they are required to do until you get the jurisdiction changed.