[Florence08]

I moved to GA with my daughter in September 2007 with my parents. My boyfriend moved in with us in November 2007. We separated in October 2008 and he moved back to Ohio in November 2007. I then moved with my daughter to Louisiana in June 2008. He has come to visit once. He doesn't support his daughter. Can he go back to Georgia and get a ex parte custody order? There is not an order of custody, visitation and we were not married. He is listed on the Ohio birth certificate.

[GV70]

I moved to GA with my daughter in September 2007 with my parents. My boyfriend moved in with us in November 2007. We seperated in October 2008 and he moved back to Ohio in November 2007. I then moved with my daughter to Louisiana in June 2008. He has come to visit once. He doesn't support his daughter. Can he go back to Georgia and get a ex parte custody order? There is not an order of custody, visitation and we were not married. he is listed on the Ohio birth certificate.

OK-if he has never had a custody and/or visitation order , he has to file in La

[Florence08]

Even though I am not a resident of Louisiana until December (six months).

[Florence08]

Would we not be consedered residence of Georgia until then?

[GV70]

I moved to GA with my daughter in September 2007 with my parents. My boyfriend moved in with us in November 2007. We seperated in October 2008 and he moved back to Ohio in November 2007. I then moved with my daughter to Louisiana in June 2008. He has come to visit once. He doesn't support his daughter. Can he go back to Georgia and get a ex parte custody order? There is not an order of custody, visitation and we were not married. he is listed on the Ohio birth certificate.

Sorry... I confused myself with

he moved back to Ohio in November 2007.

To determine which state has proper jurisdiction to make an "initial determination" of child custody, the UCCJEA proceeds in the following order of priority:

1. The state which is currently the "home state" of the child, or was the child's home state within six months immediately before the commencement of child custody proceedings if the child is absent from the state, but a parent or person acting as a parent continues to live in the state;

2. If no state has jurisdiction under #1, then jurisdiction is proper where the child and at least one parent have a significant connection with the state (other than mere presence), and substantial evidence concerning the custody determination is available in the state;

3. If no state has jurisdiction under #1 or #2 above, jurisdiction is proper in any state having an appropriate connection with the child.

A state having jurisdiction under #1 or #2 above may decline to exercise its jurisdiction, and transfer it to another state if it is more convenient for the parties, or if one of the parties has engaged in misconduct necessitating a change.

"Home state" is defined as the "state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period."

[GV70]

UCCJEA means Uniform Child Custody Jurisdiction And Enforcement Act