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.
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