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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3425
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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Can Georgia gain personal jurisdiction over a father by simply

Customer Question

Can Georgia gain personal jurisdiction over a father by simply having papers served on him while he briefly visits his child there since the mother won't bring the child out of the state. If so is the only way to avoid having his custody case established in a state 600 miles from him to never go visit his child?
Submitted: 6 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 6 months ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today. By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general. Can you give me a little more information? Are the parents already divorced and if so from what state? What does the mother need jurisdiction for? Michael
Customer: replied 6 months ago.
they are not divorced. My son is in the marines in NC about to be discharged. the family was supposed to move to Maryland (his original home state) in May when he was discharged but she left with their son on April 1st and is now moved in with her mother in Georgia. My son is trying to get a case filed in NC but she indicated that she filed in Georgia. Obviously it will be hardship for him to travel to Georgia to deal with this case but if he wants to see his son. IF she serves him with papers today for separate maintenance, does Georgia automatically gain jurisdiction over him for custody, child support, alimony and financial matters? she is basically trying to get child support and alimony and get him to pay for her car, phone, etc.
Expert:  Michael J, Esq. replied 6 months ago.
Thank you. Typically, a part would need Georgia 1) subject matter jurisdiction and 2) personal jurisdiction Subject matter jurisdiction for the divorce is obtained when either party reside in the state (have lived there for 6 months or more). Personal jurisdiction can be obtained by personal service of the person when they enter the state. I hope this helps! If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.
Customer: replied 6 months ago.
so even if they gain personal jurisdiction, without the subject matter jurisdiction a case cannot continue?
Expert:  Michael J, Esq. replied 6 months ago.
That's correct. Michael