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In the state of Georgia if I file for a modification of child custody agreement can my ex counter claim for full custody
Anonymous6 views5 answers
In the same county. We currently live in 2 different counties. I spoke to a lawyer that told me my ex has to counter claim for custody in the county I live in. But my current lawyer is telling he only has to file in my county if we filed a contempt against him not a modification. I'm not happy with my current lawyer. Thanks for your time! Ref ga child custody stature 19-9-23
Your current attorney is correct if you filed a modification against him in his county of residence then he can counter against you in that same county. The statute reads that you cannot counterclaim a contempt with a modification. The current law states that "although custody may not be changed in a contempt proceeding, we have long held that [OCGA § 19-9-3 (b)] allows the modification of visitation rights, even on the court’s own motion.” Id. (citing Horn v. Shepard, 292 Ga. 14, 18-19 (2012)).
The correct procedure for a custody modification action is to bring it in the county where the defendant lives, regardless of what's pending in another county; however, it may end up transferred if there's another action pending in another county between the same two litigants to save time and judicial resources and have all the issues handled together rather than separately.
Get an attorney who is experienced with these kind of cases to help you out! We go to dentists; we don't drill our own teeth.
I agree with my colleague. I also note that even where there is a technical requirement to file in a different court, many judges will allow the cases to proceed in the same court and be heard together anyway.
Kelli Alexia Byers HooperFamily Law AttorneyColumbus, GA ·
It's hard to tell based on the information provided where jurisdiction for a modification lies. Typically it depends on the court that issued the original Order. The general rule is that the modification is filed in that county.
Your ex can file a counterclaim for custody to your modification. Obviously it has to be in the same county as the modification.
