QUESTION
How can one who has Temporary Custody in one state file for Permanent Custody in another state?
Asked on Jul 22nd, 2014 on Child Custody - Ohio
More details to this question:
I was Granted Temporary Custody in Ohio after custodial parent signed papers to give me that. About 3 weeks later she went to court asking for them back and I refused. We went to trial in March 2014 in Ohio. By that time I was already a resident of Georgia with the children. There is still no permanent custody ruling. At this point the children have been with me for a year with no permanent custody order. I am still paying the mother current child support. Can I file for custody in Georgia at this point?
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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You have a tricky question, however, Ohio, at this point probably has the proper authority to act to the exclusion of Georgia. At some point you may be able to petition the Court to transfer the case. At that point you would probably need the services of both an Ohio and a Georgia lawyer.
Answered on Jul 28th, 2014 at 10:40 AM
Employment & Labor Attorney serving Oregon, OH
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Rice & Co.
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Once one state has exercised jurisdiction, jurisdiction will normally continue to be only in that state. You probably cannot file in Georgia. You should probably address with the Ohio court whether you can suspend or terminate, or at least impound, child support based on your having temporary custody.
Answered on Jul 24th, 2014 at 10:43 AM