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The entire thing is very iffy. Here is how my case is working out:

My ex could have asked our son's new "home state" to take jurisdiction. She did not so it looks like Georgia will retain jurisdiction. IT IS UP TO THE JUDGE to decide. According the the UCCJA the judge can look at if one parent has remained in the original state. Also, in my case all evidence is here in Georgia. Finally, my lawyer cited a case where Georgia gave up jurisdiction, but was ordered to retain jurisdiction because the father never moved out of state and had "significant" ties to the state (Fish V. Fish).

Anyway, we are still messing with lawyers right now. This is very difficult.

Thanks for taking time to reply. I have been trying to Keep It Simple with my son's mother. However, she feels that leaving her for a week this summer will cause him emotional damage so she is fighting this on the basis of him being too young. I would rather neither of us spend the money to argue this. I know she does not make much (I guess her parents are paying).

My lawyer has sited a case that is similar to mine (Fish v. Fish). He feels confident that the case will remain in Georgia for the same reasons you mentioned.

As for relapse... I am sticking to almost daily meetings and my support network is fully aware of the situation (so in my lawyer). I pray each morning to stay clean and sober. After all, what good would increased visitation do if I am not clean and sober. Thanks :)

Thanks. However, I do not think this is that cut and dry. According to the UCCJEA (Uniform Child Custody Act) jurisdiction does not automatically follow the child.

Thanks. I did read about the "Home State" rule in the UCCJEA. However, in that act it states that the original state retains jurisdiction if a parent still lives there and/or there is evidence in the original state that pertains to the case. In my case... I am the evidence and my so called proof of a clean track record is here in Georgia.

You see, I understand my side. I just wonder if a judge will hear me on this.

I am brand new here. I hope I do ok because I really need help.

I live in Georgia my exwife and our 5 year old son live in Colorado (since last May). Prior to May they lived in California from the time our son was 6 months old. I have visited him 18 times in the past 3 1/2 years. I go see him about every 2 1/2 months. He and I talk on the phone twice a week. I have never been late or missed a support payment.

I am seeking a modification of our original divorce decree. I feel that I am the issue and Georgia should maintain jurisdiction. In the original decree I agreed to supervised visitation. I am an alcoholic & a drug addict and felt this best since I was try to get clean & sober. I have been clean & sober for 4 1/2 years and would like more standard visitation with our son. Also, I want him to be able to come to Georgia over the summer and every other holiday season.

It looks like under the UCCJEA the original court CAN/COULD give up jurisdiction since they have lived in Colorado for more than 6 months. My feeling is that I am the issue and I live in Georgia and have since the original decree so the Georgia court should maintain jurisdiction. I have a connection to Georgia as I live here, pay taxes here, teach in a public school here (since 1999) and have a wife and step child here.

Anyone have experience or a valid opinion as to the chance that this case will remain under Georgia jurisdiction?