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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My ex was recently served summons to appear in court for custody/child

Resolved Question:

My ex was recently served summons to appear in court for custody/child support hearing. When I filed at the court, my court date was set for 27 days away. I live in Atlanta and the court jurisdiction is here. She lives in California with my children. I had her served immediately and after multiple attempts, she was served on August 24th. The court date is Sept.3rd. I received today a copy of a letter she sent to court requesting the date be moved to 60 days in the future so that she has time to prepare and hire a lawyer. She is also requesting that jurisdiction be moved to California. Can she do this?
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.
Good morning from Savannah.

I'm sorry to hear of your dilemma.

She certainly has the right to seek a continuance of the hearing given the short notice she had once served.

Even if your divorce occurred in the state of GA, because she and the children are now residents of CA she has the right to seek to change venue from GA to CA. You have the right to argue against the venue change however. If you were not divorced in GA, and your children are residents of CA, the GA court can not assume jurisdiction over the children in order to render a custody order.

I wish you well.

Best regards,

Doug

Customer: replied 4 years ago.
So she can just have the court date moved so far in the future even though I am the one who served her? We were divorced in GA and the children were born here.
Expert:  LawTalk replied 4 years ago.
Good morning,

Just because she asked for 60 days doesn't mean that she will get 60 days.

As for the change of venue, the courts in GA will look to whether GA, or CA, is the most convenient forum to hear the matter.

The court will look at how long the children have been in CA, as well as other things.

In determining if it is an inconvenient forum, the court shall consider if it is in the interest of the child that another state assume jurisdiction. For this purpose it may take into account the following factors, including:

1) If another state is or recently was the child's home state;

2) If another state has a closer connection with the child and his family or with the child and one or more of the contestants;

3) If substantial evidence concerning the child's present or future care, protection, training, and personal relationships is more readily available in another state;

4) If the parties have agreed on another forum which is no less appropriate.

 

 

If you do not already have an attorney I would suggest that you retain one as it will be more costly over the years for you to have to fight future legal battles in CA as opposed to Georgia.

I wish you well.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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