If my divorce was in a state other than where I live, are all changes to the child custody agreement handled in the same state? 2 Answers as of June 08, 2011My 13 year old son is visiting for the summer. My ex has custody but he has been living with his grandmother for the past month because his mother has started using drugs again. If my son decides to stay with me and not return to New Mexico, do I file for changes to the custody agreement in New Mexico or in Georgia, where I live?
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If the prior custody order was issued in Georgia and you live in Georgia, you can file here. If the prior custody order was issued in New Mexico and the mother lives in New Mexico, you would need to file in New Mexico. If the child remains in Georgia in your custody for at least 6 months, you might be able to file here even if the prior order was in New Mexico, but it could be challenged.
Answer Applies to: Georgia