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Moving to a new state after going through a divorce or a legitimation proceeding comes with its own set of challenges, but one thing you can count on in Georgia is that child custody orders from other states will be respected and enforced - if you take the proper steps to register the orders.
Whether you came here to take advantage of the many job opportunities or just seeking a fresh start for yourself and your family, it's important to understand how moving may affect the terms of any existing court-ordered custody arrangements, and what steps to take in order to enforce your custody order.
Registering a Custody Order from another State in Georgia
Registering a custody order from another state in Georgia is a crucial step to protect your custody rights once you move to Georgia.
Without registration, you are not legally protected and cannot seek enforcement of the order if your ex is not complying.
While Georgia wants to intervene, it cannot legally do so unless you have registered the custody order with your local court.
However, once the order is registered, you have the option to seek enforcement if needed or simply have it ready in case interference with custody arises in the future.
The registration process may seem daunting, but with the help of a knowledgeable attorney, you can ensure that your rights as a parent are secured.
Don't take any risks with your custody arrangement - take the necessary steps to register your custody order in Georgia.
Why You Want to Register the Custody Order
If you have a existing custody order from another state and have moved to Georgia, it is advantageous to register it with Georgia.
Especially if your ex has also moved to Georgia, or if they have left your former state as well.
Doing so provides several benefits such as enforcing the order more effectively and efficiently, modifying the order if necessary, and ensuring that Georgia courts have jurisdiction over any future custodial disputes.
Failing to register a custody order in Georgia can result in significant risks such as having a parent claim custody rights in another state, prolonged legal battles, and negative impact on your children's welfare.
Therefore, registering a custody order from another state with Georgia is highly recommended to protect the best interests of you and your children.
It is crucial to consult with a qualified attorney in the area to assist you with the registration process and ensure that all legal matters are taken care of effectively.
Steps to Register the Order
In order to register a custody order from another state in Georgia, there are a few necessary steps that you'll need to take.
We recommend working with an attorney in your area to achieve these steps in order to make sure your custody order is registered properly.
Certified Copies
First and foremost, it's essential to obtain certified copies of the original order from the original state.
If you went through a modification of an original divorce or legitimation custody determination order in your old state, then you will also need certified copies of those modifications to that original order.
File with the Correct Courthouse
Then, once you have all your relevant documentation, you will need to work with your attorney to make sure you know which courthouse to file the order in - will it be the courthouse near you?
Or will it be a courthouse near your ex, if they also have moved to Georgia?
Making sure you file with the right courthouse is key, so your case does not get stalled or even thrown out for being filed in the wrong location.
Once you have decided where the most suitable place is to file your order for registration, your attorney will draft up and file all the required paperwork on your behalf, which you will sign under oath that all the information is true and correct (called a Verification).
Serve the Other Parent with Notice
After it is filed, you'll need to make arrangements for personal service upon the other parent or custodian.
Your attorney should be able to assist you in serving the other parent.
If you do not know exactly where they live, it is important to hire a private investigator to locate them before your file your petition to register the custody order, so as not to cause any delay in the process.
Go to Court if Contested
If the other parent or custodian contests this registration, they have 20 days from the time they were served with notice of the proceeding in order to request a hearing before the court to fight it.
If a hearing is requested, you and your attorney will go to court and explain why the order is valid and why it should be registered with this specific court.
If no hearing is requested, your order automatically becomes registered with the court and can not be contested again.
At that point, you and your attorney will make sure the other parent or custodian is served with notice of this confirmation of registration from the court.
Partner with a Legal Team
While the process may seem daunting, rest assured that our team at Your Law Firm is here to assist you every step of the way, for registering custody orders in the North Metro Atlanta Area.
We understand the importance of getting this right, and we're committed to helping you achieve the desired outcome.
How We Can Help
At Your Law Firm, our top priority is to help you navigate the legal system with ease and confidence.
If you have moved to the North Metro Atlanta area and have an out-of-state custody order to register or enforce, we have got you covered.
Our experienced legal team will guide you through the entire process, making sure we have all the bases covered, and advocating for you in court if it becomes contested.
With our help, you can focus on what truly matters - making sure your hard-earned custody order from another state is enforceable here in Georgia, to protect your rights with your children, so you can keep moving forward. Give us a call at (770) 580-3699 to start the process.