How to get legal custody of a child from another state? 4 Answers as of March 19, 2013

I live in GA and my baby's mother is in TEXAS with my child. I would like to pay child support and request custody how would I do it?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Both Georgia and Texas are signatories of the Uniformed Child Custody Jurisdiction and Enforcement Act - this is a Federal Standard that is intended to resolve the jurisdictional issues when there are parties in two states. How old is the child? Has he/she been in Texas for at least six months? If he/she has been in Texas at least six months, Texas has jurisdiction. If the child is less than six months old and was born in Texas, then Texas still has jurisdiction. Otherwise, you may have jurisdiction in Georgia. Jurisdiction over the child is the important aspect that needs to be determined FIRST. It is important because it determines where you file you lawsuit and accordingly, what type of suit to file. I do not know Georgia law or rules, but in Texas, we would file a Suit To Establish Paternity. Basically, it is a petition to the Court that says my name is.
Answer Applies to: Texas
Replied: 3/19/2013
Harp and Poydasheff, LLC
Harp and Poydasheff, LLC | Robert S Poydasheff, Jr.
Generally speaking the child's home state would have jurisdiction over the initial custody action. You would have to go to Texas and file in the court where your child and the child's mother lives. Of course, you must be first recognized as the legal father if the child was born out of wedlock. That would require you going to court and filing for legitimization. I would strongly recommend your hiring a lawyer in Georgia to help guide you through this oftentimes complex legal maze.
Answer Applies to: Georgia
Replied: 3/19/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
Talk to an attorney. The child lives in TX so I believe that TX is where court of continuing jurisdiction would be at the present time.
Answer Applies to: Texas
Replied: 3/19/2013
Woods, May & Matlock, PC
Woods, May & Matlock, PC | Robert J. Matlock
You file a paternity suit in Texas. I suggest you hire a lawyer.
Answer Applies to: Texas
Replied: 3/19/2013
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