Do you have experience with the Uniform Child Custody law?

[john082603]

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?

[babyfat]

usually the juristiction of cs is where the child lives or has lived for the last 6 months most of the time. Every ncp dad I know of and sadly that is a lot has to pay cs to the county/state where they child is. Colorado it sounds like has juristiction. The mother of the child needs to file for Colorado in the county she lives in to transfer the juristiction. I believe you can as well. Consult with a family law atty in colorado they may be able to do the leg work for you.

[john082603]

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.

[Kitty C.]

I'm not sure, but I think that only applies to the original filing, because if that was the case, many CP's would be 'state shopping' for whomever has the biggest CS award, establish residency there, and then sock the NCP with the bill.  The UCCJA was established specifically to keep that from happening.  Our original order was in CA and, even tho we moved to IA (and Dad stayed in CA), CA kept jurisdiction.  There would have to be extenuating circumstances, like both parents no longer living in the original state, for that state to give up jurisdiction.

[MixedBag]

Jurisdiction follows the child -- which is Colorado.

Colorado will set and do everything from here on.

Colorado has to ask GA for CS enforcement since you are in GA.

Either one of you can ask for CA to release jurisdiction to another state and CO is the only one who is going to accept it.

So.....back to your situation.

I suggest that whever you are in Colorado, you go get a drug test done at an independent lab.

THEN your evidence of good and clean behavior is right there in Colorado as opposed to being in GA.  

[john082603]

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.

[Davy]

The UCCJA is a "uniform act" with the intent for all states to function under the same criteria in dealing with "interstate custody" matters.  As it happens, as state legistlatures implemented the UCCJA they often deleted or added a comma here and there ... if not a comma then it was an 'and' or an 'or' perhaps to conform to a particular state's custody laws but moreover to give attorneys issues to argue ($$$).  The premise was to encourage cooperation among state courts and to prevent 'forum shopping' for favorable rulings concerning custody, visitation, CS, etc.   The lack of uniformity gave birth to the federal statues known as the 'Parental Kidnapping Prevention Act' (PKPA; see on articles section of this site).  The PKPA is short and clear ... to the point.

One point I would like to make to you is that you really need to study the UCCJA for each state alongside the PKPA.  

Moreover while your case is interstate in general you may be able to KISS and  DO NOT MENTION jurisdictional issues and simply request long distant visitation arrangement ESPECIALLY since you have had on-going contact with your child.  PERHAPS the other parent will see the value of your involvement and there will be no contest.   If it comes up, you may very well prevail on jurisdiction since you have remained in the home state (especially if there have not been any other orders entered pursant to the child).  If you do have to prove-up your sobriety in another state then do so with the signifcant evidence where you live and force the opposing party to prove differently.  You should not have to prove a 4.5 year sobriety 'in the other other state'.

Try to stay away from arguing jurisdictional issues because it can become messy and expensive.  Attorneys love it ($$$).

Moreover, DO NOT RELAPSE !!!!  Good luck.  Hope this helps.

[john082603]

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 :)

[kbryce]

We are going through this too. Husband and I live in SC, original court order was in SC and child support has been paid to SC courts since 1997. When we brought up an order to change custody, she countered with change of jurisdiction. Our attorney seems iffy about it, but she seems iffy about everything. I understand the law as if one parent remains in the state then that is where the court stays. I also think each judge has his/her own feelings about this and so I say chances are 50/50.

[john082603]

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.