Written by attorney Jordan Jacob Hendrick

Jurisdiction and Venue to Modify Child Custody or Visitation Out of State

In 2001, Georgia enacted the Uniform Child Custody Jurisdiction and Enforcement Act. This act governs child custody matters when there is a dispute as to which state and/or county is the proper place to file a child custody proceeding (which includes changes of physical custody and changes of visitation rights).

According to this act, if a Georgia court made the initial custody determination, then it has exclusive continuing jurisdiction over the order until a court of this state or another state determines otherwise.

Thus, under normal circumstances, if your ex-spouse has moved out of the state with your minor child, and you now want to file a modification to amend custody or visitation rights, the proper jurisdiction will most likely be Georgia as long as you have continued to live here (subject to a court order finding that Georgia is an inconvenient forum).

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