Am I able to and how do I go about getting full physical custody?

Asked over 4 years ago - Auburn, GA

My ex husband and I divorced 2 yrs ago and agreed to joint legal & physical custody, we both moved out of the original state the custody agreement was arranged. I plan on moving back in a few months. How do I go about getting full custody? Does the fact that the father lives out of state give me a better chance? I want full physical custody because he believes transferring our child back and forth every six months is the best way to handle custody. Our child is in Kindergarten and I believe it is not in their best interest. I don't believe she will feel like she has a "real home" if she is being shifted every six months. It is always very difficult for me when she gets back from being there, it takes 3-4 months to get her back to using manners and behaving like a child her age should.

Attorney answers (1)

  1. Damon Sharad Bivek

    Contributor Level 12

    Answered . When was the original divorce granted? Where was it granted? How long have you lived in Georgia? You can certainly file a Petition for Modification of Custody and seek to modify your current parenting plan, so that the child does not have to go back and forth so frequently. The more difficult question is where should you file? If you have lived in Georgia for a period of 6 months, then you can seek to domesticate your Divorce Decree here in Georgia and proceed with the Modification of Custody under the Uniform Child Custody Jurisdiction Enforcement Act. However, if you are not planning on remaining in Georgia for an extended period of time, then there may be a more appropriate Court to file your Petition in than the Georgia Superior Court. I suggest that you contact an attorney and provide him or her with some more details so that you can come up with a good game plan that will work for your needs and goals. Many attorneys will even offer you a free initial consultation.

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