Help me understand the UCCJEA so I can determine where to file

Asked almost 2 years ago - Lithonia, GA

If I'm not mistaken, under this act, doesn't it mean that if a child custody order is entered in one state, even if the custodial parent leaves that state with the child, the home state maintains jurisdiction if the non custodial parent does not leave the state and the child maintains significant ties through extended visits(i.e. summer vacation, holidays, etc). I'm asking because I have a GA custody order. I still live in GA, my son still visits me. But his dad, who is the custodial parent, moved to AZ two years ago but has not ported the order to AZ. So doesn't GA maintain jurisdicition, which, in turn means any modifications for custody come through GA?

Attorney answers (3)

  1. David A. Blumberg

    Contributor Level 7

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Unless the Georgia court has made the discretionary determined that Georgia is an inconvenient forum and that Arizona is a more appropriate forum, you are correct that once an initial custody determination has been properly made by a court in Georgia, that the Georgia court retains exclusive, continuing jurisdiction under the UCCJEA to hear and decide all requests to modify that order so long as the child or at least one of the parents still presently resides in Georgia. Thus, the fact that Georgia is no longer the child's home state will not ordinarily deprive the Georgia court of its exclusive, continuing jurisdiction to modify the order. That is a general rule. There may be some specific facts in your case that would require a different result, but you have not included enough information in your question to determine with certainty whether that general rule controls in your situation. Because these jurisdictional questions are quite complex, you would be well advised to consult with a qualified Georgia family law attorney who is familiar with how the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA) works in modification cases.

  2. Anthony M. Zezima

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . You need to review your prior court order and your current situation with an experienced custody attorney. The UCCJEA does provide for continuing exclusive jurisdiction in your situation.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However,... more
  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You've asked this question elsewheer on AVVO with more information (that the child has been in Arizona for a couple years and that you also are involved in a Georgia contempt case.

    The answer hasn't changed. Under the more detailed facts you gave, the answer is no.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,090 answers this week

3,045 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,090 answers this week

3,045 attorneys answering