Do I have to file a petition to relocate a minor child in the original court that I filed in?

My ex-wife has opened a case for child support against me in the county that she now lives in. We had our divorce case heard in a different county court, and was closed. I was granted majority custody, until I moved out of the state. I was forced to make a change to our schedule. I am now in a better position to file to move my daughter to the new state I live in. Now that I am ready to re-open the original case, she filed a new child support case in an attempt to keep my daughter living with her. Do I have to file the same petition with both courts?

Asked on June 12, 2012 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The general rule with modification of custody orders is that they need to be filed in the state and county in which the child resides.  So your ex wife was correct to file where she and your child live and you should also file there (or what ever the proper procedure is in your state).  Good luck.

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