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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38128
Experience:  Retired (mostly)
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I have been notified that noncustodial parent has moved to

Customer Question

I have been notified that noncustodial parent has moved to Georgia which is where I am currently resided. Jurisdiction has yet to be moved from Ohio. A petition to modify custody has been filed and I have been served in the state of Georgia. A petition to domesticate a foreign order has also been filed but I have yet to be served with that. Can I file a contempt motion in Ohio to compel the mother to provide her current address?
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello, You can file the motion, but the court will almost certainly dismiss for venue non conveniens (inconvenient venue). The reason is that no one resides in Ohio, so the state is simply not the best place to bring your motion. Given that the other parent has registered the foreign order, it would be far more efficient to respond to the motion to modify custody with, among other things, a statement that the other parent has failed to provide her new residence address, and that the court should order her to do so, or dismiss the motion to modify custody on grounds that the facts do not demonstrate grounds for Georgia to have exclusive continuing jurisdiction over the custody matter. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.

What is the process of getting the order domesticated? I ask because I have yet to be notified that it has been filed or accepted by the state of Georgia. Who would be the entity in Georgia that would have proof that she is an actual resident of the state? Can one simply go to any city in any state with the order and file a petition to domesticate? At the time of the filing are you required to provide proof that you are in fact a resident of the state you are filing in? Can it be accepted without me being served and notified? How would I know if it's been accepted? If it hasn't been accepted then Ohio would still have jurisdiction correct? And if they still have jurisdiction wouldn't Ohio be the place to file the motion to modify?

Expert:  socrateaser replied 1 year ago.
Sorry for the delay. I took most of yesterday off. You asked:

What is the process of getting the order domesticated? I ask because I have yet to be notified that it has been filed or accepted by the state of Georgia. Who would be the entity in Georgia that would have proof that she is an actual resident of the state? Can one simply go to any city in any state with the order and file a petition to domesticate? At the time of the filing are you required to provide proof that you are in fact a resident of the state you are filing in? Can it be accepted without me being served and notified? How would I know if it's been accepted?

A: O.C.G.A. 19-9-85 provides the requirements to domesticate a foreign child custody determination. The other party has the obligation of serving you in the same manner as would apply to any original family law action, which typically means personal delivery by a third party adult, with no stake in the controversy.

If it hasn't been accepted then Ohio would still have jurisdiction correct? And if they still have jurisdiction wouldn't Ohio be the place to file the motion to modify?

A: You're correct that Ohio has jurisdiction until it relinquishes its jurisdiction. However, it is nearly certain that as soon as the Ohio family court is aware that neither parents nor children reside in Ohio, the court will relinquish its jurisdiction. So, while you could certainly file your motion in Ohio, the court may find that the forum is no longer convenient, and that it will dismiss your motion on that ground. It simply makes no sense for an Ohio court to determine a family law matter, where no one affected by the order resides in the state.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using justanswer.com!

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