Which state has jurisdiction on our custody case? 3 Answers as of December 11, 2014

My girlfriend and I both resided in Georgia 4 months before my son was born. She moved to Alabama and the baby was born in Alabama. I had no knowledge that she moved as she had cut off all contact with me. My lawyer filed a motion for paternity in Georgia stating she had not lived in Alabama for 6 months prior to the birth. She has counter filed that since the baby was born in Alabama, the case should be filed in there and asked for a dismissal. What are your thoughts?

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The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
You can file in Georgia, BUT (in capital) if you got what you want in Georgia, you would still have to file in Alabama to get your order enforced. She would file to get the enforcement dismissed, and it that trial you would have to prove why you should get joint custody. Bottom line you'll pay twice as much to get what you want. And all that assuming you could win in either state.
Answer Applies to: Alabama
Replied: 12/11/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
The state with jurisdiction is Alabama where the child and mother reside and where the child has lived since birth.
Answer Applies to: Georgia
Replied: 12/11/2014
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Try to keep it pending in GA. You don't say where residence was prior to the four months, and that could impact the decision. Stay well and God bless.
Answer Applies to: Alabama
Replied: 12/10/2014
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