Venue/Residency Requirements (Time Length?)

[Shears]

What is the name of your state (only U.S. law)?
Georgia

Is anyone aware of a legal requirement I can be pointed to in order to understand in which county to file for custody modification in Georgia?

In this situation, the Defendant (current physical custodian) moves residences every 9-12 months, always between two different counties. Her employer for the last 2 1/2 yrs has been in County B. The most recent move, and now current place of residence, is also County B. Is there a documented length of time her residence must be continuous in a particular county in order to determine where to file?

The only things I have come up with (and these aren't actual statutes - I would like to find a statute or government definition):
"Georgia has counties that govern which court your case will take place. This is called venue. The divorce must be filed where either the plaintiff or defendant resides or where either is regularly employed or has a place of business. There are other tests for meeting the venue requirements."
...I can't find these 'other tests'

"A person’s legal residence is his or her dwelling place. It is the place where he or she is generally understood to reside with the intent of remaining there indefinitely and returning there when absent. There must be a concurrence of actual residence and of intent to remain to acquire a legal residence."
...defendant has never had intent to remain anywhere indefinitely

I called the Clerk of Court in both counties to ask; both places told me this was question constituted "legal advice", which they aren't allowed to give.

 

[TheGeekess]

To establish residency in a particular county in Georgia takes 6 months from what I've been able to find.


Self-help legal resources

For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

Fulton County Family Court - Home - Family Court This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

DeKalb County Police Department This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

Cobb County Government This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

Northeastern Judicial Circuit Family Law Information Center and Guardian ad Litem Program - Hall County, Georgia This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

Appalachian Family Law Information Center This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

LegalAid-GA.org | A guide to free and low-cost legal aid, assistance and services in Georgia This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: GSCCCA.org - Georgia Superior Court Clerks' Cooperative Authority.

Error Page


Child Support guidelines/calculators here: Error Page

 

[LdiJ]

What is the name of your state (only U.S. law)?
Georgia

Is anyone aware of a legal requirement I can be pointed to in order to understand in which county to file for custody modification in Georgia?

In this situation, the Defendant (current physical custodian) moves residences every 9-12 months, always between two different counties. Her employer for the last 2 1/2 yrs has been in County B. The most recent move, and now current place of residence, is also County B. Is there a documented length of time her residence must be continuous in a particular county in order to determine where to file?

The only things I have come up with (and these aren't actual statutes - I would like to find a statute or government definition):
"Georgia has counties that govern which court your case will take place. This is called venue. The divorce must be filed where either the plaintiff or defendant resides or where either is regularly employed or has a place of business. There are other tests for meeting the venue requirements."
...I can't find these 'other tests'

"A person’s legal residence is his or her dwelling place. It is the place where he or she is generally understood to reside with the intent of remaining there indefinitely and returning there when absent. There must be a concurrence of actual residence and of intent to remain to acquire a legal residence."
...defendant has never had intent to remain anywhere indefinitely

I called the Clerk of Court in both counties to ask; both places told me this was question constituted "legal advice", which they aren't allowed to give.

Where do you live and where did the original case take place?

 

[mistoffolees]

What issue are you trying to litigate?

Some issues might need to be done in the county where she resides (for example, custody - if the children are living with her). Other issues could be done in the county where you live or the county where earlier filings had occurred.

So what is it you're trying to do?

 

[Shears]

Where do you live and where did the original case take place?

I have lived in County C for the last 3 yrs.

Original case was in County A, where we both lived at the time.

Since the original case she has been back and forth between A and B.

I've been sending CS to County B last couple of years as the only stable address for her was her employer's address, in County B. Her latest residence, and the location of the newly changed school for our son, is in County B. But she has only been there for a few days. She has communicated to me that she intends to live there for 18 months, and then does not know where she will move (but she is sure *for today* she will be moving in 18 months).

 

[Shears]

What issue are you trying to litigate?

Some issues might need to be done in the county where she resides (for example, custody - if the children are living with her). Other issues could be done in the county where you live or the county where earlier filings had occurred.

So what is it you're trying to do?

Modify physical custody. She is the current physical custodian. I am asking that this be changed, and that I be the physical custodian.

 

[mistoffolees]

Modify physical custody. She is the current physical custodian. I am asking that this be changed, and that I be the physical custodian.

I would file in County A - where the original case was held. From your timeline (saying she has only been in County B for a few days), that's probably where she and the child most recently had established residency.

 

[Shears]

I would file in County A - where the original case was held. From your timeline (saying she has only been in County B for a few days), that's probably where she and the child most recently had established residency.

OK - thanks for the info.

 

[Shears]

To establish residency in a particular county in Georgia takes 6 months from what I've been able to find.

Thanks for the info.