Custody jurisdiction in Pennsylvania, Filed for support in Georgia

[ParentInGeorgia]

The local office of the Georgia Dept. Family and Children Services has told me that "because custody jurisdiction is in PA, I cannot file for support in Georgia". I live in Georgia. I was told by PA domestic relations that I needed to file in Georgia because this is where the children live with me. No parties in PA. Reason for custody staying in PA is complex but suffice to say it would not be to my or my children's benefit to move custody to Georgia.

Any help will be greatly appreciated.

 

[army judge]

The local office of the Georgia Dept. Family and Children Services has told me that "because custody jurisdiction is in PA, I cannot file for support in Georgia". I live in Georgia. I was told by PA domestic relations that I needed to file in Georgia because this is where the children live with me. No parties in PA. Reason for custody staying in PA is complex but suffice to say it would not be to my or my children's benefit to move custody to Georgia.

Any help will be greatly appreciated.

You you need the services of a GA attorney.
The attorney will need to petition a GA to enforce the existing PA child support order.
You should reread your last sentence, because that is precisely the reason the GA authorities refused to act on your behalf.
Bottom line, the initial consultation with a GA attorney is often provided at no charge.
So, other than your time, there is nothing for you to lose.
At least you'd better understand what it will take to remedy your problem.
In fact, speak to a couple local lawyers, that way you can ask lots of questions; yielding lots of answers.


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[ParentInGeorgia]

Well, apparently the issue is that there is no order for support...anywhere. This is why I filed in Georgia. They contend that the order has to be issued in state of custody. I have heard this is not true. I received custody and moved almost immediately.

 

[army judge]

Well, apparently the issue is that there is no order for support...anywhere. This is why I filed in Georgia. They contend that the order has to be issued in state of custody. I have heard this is not true. I received custody and moved almost immediately.

Okay, that isn't a big problem.
Does the custody speak to where the children must be domiciled?
That is to say, do you have permission to take the children outside PA, or outside the county where the order was issued?

Usually custody orders prohibit the children from residing further than XX miles away from a certain city, or county. Sometimes they direct that the child NOT be taken outside of the state to reside.

Can you copy and paste your custody for us to review?

You should redact personal details, and substitute same with Daisy Duck, Deputy Dawg, or Mickey Mouse for readability.

Normally, child support is addressed during the custody matter. Your problem seems as if it's only able to be resolved through the PA court system.

Under federal law, PA retains jurisdiction over the subject matter children.

How is a child support order established in a state other than PA?
The Domestic Relations Section in the county of residence of the custodial parent will ask the custodial parent to provide information needed to complete the necessary documents that will be sent to the noncustodial parent's resident state to establish a child support order. The noncustodial parent's resident state will then use this information to establish a court order of support.

Your problem, as the apparent custodial parent is that your PA custody order failed to address support. GA can't act, only to collect and transmit the support to you. I'm afraid, your remedy lies in PA.

Alternatively, you can wait, time passes, you seek custody in GA (assuming the other parent doesn't fight you, and you were allowed to take kiddos to GA); start all over for custody and support.

That is the long way around, and it's fraught with obstacles a plenty.




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[ParentInGeorgia]

There was APL being paid by me and once the divorce decree was signed, an order for termination of APL was issued. When I filed for support in PA, while still living there, she filed for APL. The judge, separate from the divorce action judge, ordered her to pay 600 support but countered it by having me pay 800 APL. So when the order for APL was terminated, apparently, the support ordered was also canceled. This one perplexes me.

A little history: my ex was given visitation rights during the summer for 4 weeks. She was living in Georgia while our domicile was in PA. She refused to return the kids and filed for custody in Georgia, and lost. Due to many reasons (I will refrain from adding that information here) she was denied custody and was not awarded any visitation by the judge in PA. The final order, or the pertinent part, reads:

IT IS FURTHER ORDERED AND DIRECTED that Plaintiffs Petition for Emergency Relief is GRANTED insofar as the following:
A This Court shall retain jurisdiction of this matter
B Father shall retain permanent physical custody of the children pending a hearing on any Motion properly filed by the Mother requesting visitation.

She has never filed for further visitation nor has she seen the kids in 3 years. I had to move within weeks of the final order. I moved to Texas for my job and immediately filed for support. I cannot begin to describe the slowness of the system in Texas. I again had to move for my job to Georgia. Not our first choice. Now I file in Georgia and they say they cannot do anything but enforce a support order from PA. PA says that I cannot file there because I no longer live there. Sigh, this is frustrating.

 

[army judge]

Wow, baffling.
But, I see a victory for you in this madness.
You have the kiddos.
They're worth more than a few dollars a deadbeat can contribute.
I'd let the Dadgum support go, just be the great dad I see you trying to be.
You and the kids are better off without anything she can give you, and you don't have to take her grief.

You've won this battle dad, let that sleeping dog lie.


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