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    Back2kcaB's Avatar
    Back2kcaB Posts: 10, Reputation: 1
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    #1

    Aug 2, 2009, 03:48 PM
    Questions On Jurisdiction and what should I do next.
    Originally from Pennsylvania and that is where my child out of wedlock was born. At 2 years old I decided to start a new in Georgia. Shortly after this move, the mother began to have some law troubles, from being previously on the run many years back. While she was in jail and with her consent my daughter lived with me and has so for the past 4-5 years. The mother ended her legal mess 3-4 years ago. All the while we agreed that my daughter will stay with me with her having holiday visitation. Now her mother decides against sending her back home with me after this summer vacation ends. Where should I start what can I do? My daughter has been living here and going to school here for the past 4 years easily. Would jurisdiction be in Georgia or will I have to go to Pennsylvania to start my processes?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 2, 2009, 03:52 PM

    Do you have any kind of court order custody papers from either state from before now?
    Back2kcaB's Avatar
    Back2kcaB Posts: 10, Reputation: 1
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    #3

    Aug 2, 2009, 03:55 PM

    Nothing in the courts.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Aug 2, 2009, 04:07 PM

    Take your school records and file in Ga. From the sounds of it you might have a good chance of getting the courts to return the child.

    Have you ever been established as the legal father ?
    Back2kcaB's Avatar
    Back2kcaB Posts: 10, Reputation: 1
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    #5

    Aug 2, 2009, 04:12 PM
    As soon as I told she would not send her back That day I went to the court they told me 1st step is legitimation. I assumed that my name on birth certificate as well she has been living with me full time for the past 4 years would be enough to legitimize. My fear is that because she is physically in PA that she now has the upper hand per se.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 2, 2009, 04:13 PM
    You are going to have to file for custody of the child in court. Since it appears she has lived with you for many years in GA, you should be able to file there.
    And not on the birt certificate, but if you ave no legal proof you are the father, along with the order for custody you will have to file ( at the same time) a order for a DNA test.

    You will need an attorney, first the court can not even legally tell you what you need or have to do. Most of the clerks know some but may not be up on what is really needed.

    I seldom recommend anyone but in Atlanta, I have a personal attorney that is supper.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Aug 2, 2009, 04:14 PM

    No you have to either sign papers to her or have a court DNA to prove yourself but you can file both actions at 1 time.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #8

    Aug 2, 2009, 04:17 PM

    She doesn't have the upper hand because she has physical custody. You have history with her that counts as more as far as I know.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #9

    Aug 2, 2009, 08:21 PM
    Quote Originally Posted by back2kcab View Post
    originally from pennsylvania and that is where my child out of wedlock was born. At 2 years old i decided to start a new in georgia. Shortly after this move, the mother began to have some law troubles, from being previously on the run many years back. While she was in jail and with her consent my daughter lived with me and has so for the past 4-5 years. The mother ended her legal mess 3-4 years ago. All the while we agreed that my daughter will stay with me with her having holiday visitation. Now her mother decides against sending her back home with me after this summer vacation ends. Where should i start what can i do? My daughter has been living here and going to school here for the past 4 years easily. Would jurisdiction be in georgia or will i have to go to pennsylvania to start my processes?
    Georgia.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #10

    Aug 2, 2009, 08:23 PM
    Quote Originally Posted by Back2kcaB View Post
    As soon as I told she would not send her back That day I went to the court they told me 1st step is legitimation. I assumed that my name on birth certificate as well she has been living with me full time for the past 4 years would be enough to legitimize. My fear is that because she is physically in PA that she now has the upper hand per se.
    Pennsylvania has no jurisdiction over this and cannot touch the case. You not only may but are required to file in Georgia.
    Back2kcaB's Avatar
    Back2kcaB Posts: 10, Reputation: 1
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    #11

    Aug 2, 2009, 08:27 PM
    Quote Originally Posted by cadillac59 View Post
    Pennsylvania has no jurisdiction over this and cannot touch the case. You not only may but are required to file in Georgia.
    Is this located anywhere online through GA jurisdictional code where I can see this in writing, or even in PAs code which states how jurisdiction is determined.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #12

    Aug 2, 2009, 08:31 PM
    Quote Originally Posted by Back2kcaB View Post
    Is this located anywhere online through GA jurisdictional code where I can see this in writing, or even in PAs code which states how jurisdiction is determined.
    Both states have the exact same law on the subject, which is a uniform law know as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Wikipedia or Google it if you want to read how it works.
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