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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16367
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I am divorced 4 yrs out of Dekalb County Court in Goergia.

Resolved Question:

I am divorced 4 yrs out of Dekalb County Court in Goergia. My ex-husband an I have a son, which I have legal joint custody of. I live in New York and my ex lives in Georgia. We have visitation issues, which always causes us to go head to head. I am prepared to no longer allow my son to visit with his Father due to the fact he never sends him back when he is suppose to. It is difficult for me to travel back and forth to the courts bin Georgia in-order for me to file a complaint to the courts. He clearly has an advantage over me because he's able to go to the courts often to file modifications and such. Is there any way for me to take my case out of the Georgia courts since my son lives in New york with me, and has lived here since he was 2 before my divorce was finalized. I feel my ex is taking advantage of the cout system.
Submitted: 5 years ago.
Category: Family Law
Expert:  Legalease replied 5 years ago.



Because your son lives in NY with you and has been living there for more than the 6 months required to establish jurisdiction over your son, you can certainly initiate a custody and visitation modification assessment in the NY court closest to your home and ask the NY court if it will assume jurisdiction over this case from the Georgia court because your child lives in NY and will spend the majority of his childhood in NY (basically you will have to have your lawyer build a convincing case to the NY judge that the NY courts should accept jurisidiction and be the "go to" court for any issues or problems between your ex and yourself).



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Customer: replied 5 years ago.
Thanks Mary for that info. I did try to go to my local Family Court in NY and was told that because my divorce was finalized in Georga that there was nothing that the courts in NY could do because GA has jurisdiction,I even had a lawyer represent me. It seems as though the courts dont want to challege it. I just don't know what to do.
Expert:  Legalease replied 5 years ago.


Wow! I am shocked and find that interesting because the NY court CAN take jurisdiction if it chooses to do so. If you end up in a situation where he refuses to send your son back, you might be able to get them to look at the case at that point but it is a shame that you will have to go through something like that to get the NY courts to open their doors to your son's case.





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