Custody Change

[peppier]

As long as one parent lives in the state where the court order originated that is where it stays. There could only be a change if both had moved.

 

[jmontgomery71]

custody change

Wilson County hold the court order.

 

[jmontgomery71]

custody change

I had an attorney tell me today that it might be dual jusidiction. Has anybody heard of that?

 

[3UofMfans]

Wilson County hold the court order.

I think my first attorney practiced in Wilson also. He was inexpensive. Unfortunately I had to switch attorneys because ex got a change of venue granted and my attorney did not practice in that county. PM me if you want more info on him.

 

[casa]

I had an attorney tell me today that it might be dual jusidiction. Has anybody heard of that?

From my experience that's most common when a Child Support order remains in a different state than the Court Order for Custody.

 

[Silverplum]

I redirect the poster to my previous answer, and again encourage thinking and research.

And if I read one more comment from the OP that involves vagueness, such as, "I heard," or "I thought," without CITATIONS TO LAW, I'm gonna SCREAM!

I will also scream if I read one more "wiggle-comment" -- as in, can't we "wiggle" around the law this way or that way?

 

[jmontgomery71]

Custody Changes

I have been researching this for months. It is hard to determine if what you read is true or if you are reading it correctly. The following is an example of what I have found that lead me to believe that he could in fact file here in Georgia. Please tell me if I am misunderstanding what I have read.

" To have jurisdiction over your specific custody or visitation case the court will require one of the following: [Georgia has statutory guidelines for determining 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. "

The first statement should apply to our case if I am understanding it correctly.

 

[3UofMfans]

I have been researching this for months. It is hard to determine if what you read is true or if you are reading it correctly. The following is an example of what I have found that lead me to believe that he could in fact file here in Georgia. Please tell me if I am misunderstanding what I have read.

" To have jurisdiction over your specific custody or visitation case the court will require one of the following: [Georgia has statutory guidelines for determining 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. "

The first statement should apply to our case if I am understanding it correctly.

I do believe that is referring to an initial custody hearing. NC already has jurisdiction so really you probably should be reading the NC laws and how to file a modification. If your husband were granted custody then I do believe at that point you would probably request the change of venue to GA.

 

[casa]

I have been researching this for months. It is hard to determine if what you read is true or if you are reading it correctly. The following is an example of what I have found that lead me to believe that he could in fact file here in Georgia. Please tell me if I am misunderstanding what I have read.

" To have jurisdiction over your specific custody or visitation case the court will require one of the following: [Georgia has statutory guidelines for determining 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. "

The first statement should apply to our case if I am understanding it correctly.

Good Try...but you need to look up "Existing Custody Orders". If a Court Order ALREADY exists in another state - that state RETAINS Jurisdiction unless/until the time that NEITHER PARENT OR CHILD live there any longer.

 

[3UofMfans]

http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0050

 

[jmontgomery71]

Thank you for that advice. I will definetly try searches that way.

Yes, I maybe reaching for straws and empty wishes as far as being able to do this here in Georgia. North Carolina is not a state that we trust. They have already lost that and cost us 5,000 at the same time. After our last court battle, we just feel helpless.


Thanks Again

 

[casa]

Thank you for that advice. I will definetly try searches that way.

Yes, I maybe reaching for straws and empty wishes as far as being able to do this here in Georgia. North Carolina is not a state that we trust. They have already lost that and cost us 5,000 at the same time. After our last court battle, we just feel helpless.


Thanks Again

I'm sorry you are going through all this. Stay the Course.

 

[jmontgomery71]

I'm sorry you are going through all this. Stay the Course.

Thank You. I've seen this child go through his own living h**l. And the fact that we can not protect him from being made to go back at any time she deems necessary.. well it just makes you feel helpless. I've seen how far he has come and I just don't want to see him go back. He was into drugs, gangs ..all kinds of trouble. Since he has been here...nothing.<<knock on wood>>. If we have to go back to NC..then we will!!


Thanks So Much!

 

[casa]

Thank You. I've seen this child go through his own living h**l. And the fact that we can not protect him from being made to go back at any time she deems necessary.. well it just makes you feel helpless. I've seen how far he has come and I just don't want to see him go back. He was into drugs, gangs ..all kinds of trouble. Since he has been here...nothing.<<knock on wood>>. If we have to go back to NC..then we will!!


Thanks So Much!

He doesn't HAVE to go back...you just need to MODIFY your order. You have perfect standing by Status Quo. You're going to prevail~ but you need to make it legal so you don't have that fear over your head constantly.

 

[jmontgomery71]

He doesn't HAVE to go back...you just need to MODIFY your order. You have perfect standing by Status Quo. You're going to prevail~ but you need to make it legal so you don't have that fear over your head constantly.

Exactly.. We're tired of that fear but we also have the fear that if we have to go back to NC to do so, then we will lose again.

The NC courts already stated once that my husband was the stronger & better parent and would probably always be, BUT he could not see moving the boys two states away from their mother. They had also caught his ex- in several lies but did nothing.

Judges like that is what scares us the most.