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View Full Version : Uccjea "home state"?


tdm07
Jan 11, 2011, 04:46 AM
I have a difficult problem/question. My ex was able to get our custody case dismissed in Georgia so she moved in with her father who lives in Florida. She filed for custody in Florida where her and our son lived. We set up some temporary visitation until the whole custody proceedings were resolved. While she was in Georgia, after she picked up our son(after our visitation) she got arrested and will probably be in jail for 1 year. I'm trying to get custody of our son but he is living with his maternal grandmother in Georgia. My question is: How will jurisdiction work now? I've told my ex I'm going to file for custody in Georgia but she said it won't matter because when she gets out of jail the courts will treat it like she was being forced to live in Georgia and Florida is our son's "home state". If I live in Georgia, our son lives in Georgia, and the mother lives in Georgia(even though she was forced to live there) after 6 months can't I file for custody in Georgia no matter what or do I have to go through Florida's court system? Does anyone know any case law like this that could help me out before I go out and hire an attorney? Thanks.