Interstate Child Support And Custody Jurisdiction Issues

When parents live in different states or one parent relocates with a child to another state, enforcing or modifying custody orders can become very complex.

At the Atlanta law office of Jody A. Miller, we help clients throughout north Georgia enforce and modify their child custody orders in interstate situations.

Interstate Child Custody Orders

Interstate jurisdiction over child custody matters is very complex. Whether a state has jurisdiction to make custody orders depends on where you are in the process.

If a custody order has not been issued by a court and the parents live in separate states, the Uniform Child-Custody Jurisdiction and Enforcement Act will define which state has jurisdiction to make initial child custody decisions. Under the act, Georgia has jurisdiction over custody if:

  • Georgia is the child's home state, meaning the child lived in Georgia for the previous six months.
  • The child and one parent have significant connections with Georgia.
  • The child is currently in Georgia and is at risk of abuse or neglect should he or she return to his or her home state.

Once a child custody order has been issued by a court, that state will retain jurisdiction over custody matters indefinitely. If the original custody order was made in Georgia, then Georgia will have continuing jurisdiction to make modifications. As long as one parent remains in Georgia, generally no other state may modify an existing child custody order made by a Georgia court.

Enforcing An Existing Child Custody Order In Another State

Under the full faith and credit clause, decisions made by a state with proper jurisdiction must be respected by all other states. This means that when a Georgia court properly issues a child custody order, that order must be respected in other states.

However, enforcing Georgia child custody or support orders in other states can be difficult. Even within the state of Georgia, jurisdictional issues arise. When parents live in separate counties, the rules regarding which county court governs are complex.

Depending on the circumstances involved, petitions for enforcement may be filed in Georgia. In other cases, you will be required to file the petition for enforcement in the state where your child's other parent resides. If you or your child's other parent no longer resides in Georgia, you need an experienced attorney to help you enforce your orders.

Contact An Experienced Attorney

Interstate child support and custody jurisdiction issues are complex. If you need help modifying or enforcing a Georgia child custody order, contact experienced family law lawyer Jody A. Miller today at 678-905-7562 or toll free at 866-319-0924.

More Testimonials

Testimonials

  • Karla Adams | Senior Sourcer/Technical Recruiter

    If your looking for honesty and ethical work behavior then hire JODY. She has expert knowledge in family law and will provide you with all the answers to your questions. She is very professional! I am a client and will continue to make referrals along the way.

    ~ January 13, 2012, Karla was Jody's client ~
  • Allen Belletti | AVP Ed. Tech Engineering Innovation

    Jody did a wonderful job of sorting out the mess that I'd gotten into with my divorce. My only regret is that I didn't find her early enough to avoid the mess in the first place. If you find yourself in this sort of situation, I cannot recommend Jody highly enough!

    ~ October 26, 2010, Allen was Jody's client ~
  • Kelly Quattlebaum | Social Media Trainer, Public Speaker,...

    I have had the opportunity to network with Jody Miller for several months. Her personality, positive attitude and sense of humor have always captivated me. She is an honest, trustworthy and fair individual. She has always impressed...

    ~ July 20, 2010, Kelly was a ... ~
  • David Carter | Civil and Commercial Litigator

    I referred a client whose former divorce attorney had completely "dropped the ball" on the client's matter. Jody met with the client, developed a strategy to accomplish the client's goals, and then executed on that strategy. As a result, ...

  • Rob Stein, Esq. | Civil and Commercial Litigator

    Exceptional --- Professional --- Major Integrity --- Jody will always hold a special place in my heart ---