Can my ex-spouse change the jurisdiction if I move out of state?

UPDATED: Oct 1, 2022

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Can my ex-spouse change the jurisdiction if I move out of state?

We got divorced in GA and my ex moved to NC with our 3 daughters. We have a court order from GA for both custody and child support. I am in the military and was recently transferred to VA, I still have a residence in GA. My ex wants to change jurisdiction to court in NC, to change child support due to an increase in my income and she wants to extend child support until the age of 21, it is currently until age 18.

Asked on March 20, 2018 under Family Law, Georgia


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

Answered 4 years ago | Contributor

Please go and speak with an attorney as soon as possible.  The home state of the children is determined by where they reside or by agreement or Court order, not by where their parents reside.  My concern here is how the Court order reads and if you have a separate agreement that sets their home state (like in your divorce).  Bring those documents to an attorney to review.  Good luck.

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