[AK lawyer]

... Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?

Doesn't appear to be a durational residency requirement:

"RCW 26.09.020

Petition — Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership — Contents — Parties — Certificate.

(1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage or domestic partnership shall allege:
(a) The last known state of residence of each party, and if a party's last known state of residence is Washington, the last known county of residence;
(b) The date and place of the marriage or, for domestic partnerships, the date of registration, and place of residence when the domestic partnership was registered;
(c) If the parties are separated the date on which the separation occurred;
(d) The names and ages of any child dependent upon either or both spouses or either or both domestic partners and whether the wife or domestic partner is pregnant;
..." RCW 26.09.020: Petition ? Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership ? Contents ? Parties ? Certificate.

[AK lawyer]

She actually hasnt established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th

I don't see a definition of residence in the Revised Code of Washington. In the absence of a definition, residence defaults to domicile, which in turn means the last place she was physically present with a simultaneous intent to make that state her permanent home.

I think this is probably what Washington law is. I went to law school in that state, and so was trained by Washington lawyers.

[koolbreeze73]

Ah. Nice plot twist. Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?

Yes. And Washington has a 6 month res. Requirement. But she claims she never gave up her residency in wa state

[AK lawyer]

yes. And washington has a 6 month res. Requirement. ...

Ok. As I said, I was unable to find that. Do you have a link?

Please keep us posted. I'd be very interested how the UCCJEA issues get resolved. My guess is that Georgia will defer to Washington concerning custody, once the child is born. I think your Georgia attorney will need to connect with a Washington attorney regarding that case.

[koolbreeze73]

Ok. As I said, I was unable to find that. Do you have a link?

Please keep us posted. I'd be very interested how the UCCJEA issues get resolved. My guess is that Georgia will defer to Washington concerning custody, once the child is born. I think your Georgia attorney will need to connect with a Washington attorney regarding that case.

I was told that by their clerk of court. I had a lawyer file motion to dismiss and it wasn't

[koolbreeze73]

I was told that by their clerk of court. I had a lawyer file motion to dismiss and it wasnt

I wonder if I can file in Ga? Since they have jurisdiction over us both

[ScottGem]

This is getting very complex and you will need attorneys to sort it out. If the WA judge advised her to file in GA but didn't dismiss, it may because you hadn't filed. If you file WA may defer to GA.

[AK lawyer]

I wonder if i can file in Ga? Since they have jurisdiction over us both

Sure. But, if the court refused to dismiss, it appears that the clerk may have been mistaken about a 6-month residency requirement. So the question would be: what would be accomplished by filing in Georgia?

Also, with respect to your step-children, you probably should review this:

Chapter 26.10 RCW - Nonparental actions for child custody

[koolbreeze73]

This is getting very complex and you will need attorneys to sort it out. If the WA judge advised her to file in GA but didn't dismiss, it may because you hadn't filed. If you file WA may defer to GA.

If I file in Ga can I get in any trouble with it already filed up there?

[koolbreeze73]

Sure. But, if the court refused to dismiss, it appears that the clerk may have been mistaken about a 6-month residency requirement. So the question would be: what would be accomplished by filing in Georgia?

The judge said ga will handle custody and child support? I am confused too.

[ScottGem]

No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.

[AK lawyer]

No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.

It just seems, the more I think about it, that the UCCJEA is clear: if the child is born in Washington, Washington will be the home state, depriving the Georgia court of custody jurisdiction. Keep in mind that no court can make a custody order until after the child is born.

[koolbreeze73]

[QUOTE=ScottGem;3204182]No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.[/QUOTE
Child support is what she wants. But under ga law I can get a deviation for travel etc. And when I put that in the formula, it says she pays me 424$and a month?
The judge told her that getting divorced there won't help her and that it will make it worse on her.

[ScottGem]

Again, get a lawyer! But it seems the judge wants nothing to do with this, but doesn't know if he has legal grounds to throw it back to GA. So fight it.

[GV70]

It just seems, the more I think about it, that the UCCJEA is clear: if the child is born in Washington, Washington will be the home state, depriving the Georgia court of custody jurisdiction. .

Correct!

But under ga law i can get a deviation for travel ect. And when i put that in the formula, it says she pays me 424$and a month?
The judge told her that getting divorced there wont help her and that it will make it worse on her.

Yes, you can get a deviation but I am sure that you calculated it wrong. All that you may get is long distance parenting plan, which not allow you to travel to Wa four times a month.

[koolbreeze73]

Correct!


Yes, you can get a deviation but I am sure that you calculated it wrong. All that you may get is long distance parenting plan, which not allow you to travel to Wa four times a month.

The deviation was only for 1 trip per month

[GV70]

The deviation was only for 1 trip per month

LMAO- you are on SSI, aren't you?
Round trip from Atlanta to Seattle costs $ 450.

[GV70]

Who said that she is under obligation to pay the price for your trips?

[GV70]

Have a look here-you can see what you may expect:
http://www.fultoncountyoh.com/Docume...r/Home/View/86

[koolbreeze73]

LMAO- you are on SSI, aren't you?
Round trip from Atlanta to Seattle costs $ 450.

I work and have a good job, and custody of ny other 3 kids. I also only have one yr left of ot school. Rt on a schedule to seattle is 450you on sale. But not on weekends. Then there us a rental car3 days,2 days hotel, and food. I will not stay at a dump. And minimim hotel is at least 95$1600 a night, rental car 195$ weekend rt airfare 750-850