Jurisdiction.

[Jim]

In order for a court to decide custody of your children, whether by agreement of the spouses or by decision of the court, that court must have jurisdiction. Except as otherwise provided in Code Section 19-9-64, a court of the state of Georgia has jurisdiction to make an initial child custody determination only if:


(1) Georgia is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from the state of Georgia but a parent or person acting as a parent continues to live in the state of Georgia; ['Home state' means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.]


(2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that Georgia is the more appropriate forum under Code Section 19-9-67 or 19-9-68 and:


(A) The child and the child´s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with Georgia other than mere physical presence; and


(B) Substantial evidence is available in Georgia concerning the child´s care, protection, training, and personal relationships;

(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of Georgia is the more appropriate forum to determine the custody of the child under Code Section 19-9-67 or 19-9-68; or


(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3) of this subsection.


-From Sections 19-9-61 and 19-9-41 of the Georgia Code.

Please note: If you aren't sure whether the state of Georgia would have jurisdiction over you or your child(ren), you should consult an attorney.