What Happens in Georgia, Stays in Georgia

The question of jurisdiction (whether a court has authority to decide a particular action) is always an issue in divorce, contempt, and modification cases. The general rule is that a defendant has the right to be sued in the county where that defendant resides. A Fulton County father who wants to sue his Cobb County ex-wife for a custody modification must generally bring that action in Cobb County.

Another rule is that the court originally entering an order retains the right to enforce that order. If Judge Ingram in Cobb County decides a divorce, then the ex-Wife, who wishes to pursue contempt charges against the ex-Husband can do so in Cobb County, even if the Husband has since moved to Cherokee County.

Until recently, a problem of jurisdiction often arose when one parent moved out of state. In that case, if a Georgia Father wanted to sue a Virginia Mother for a change of custody, he was almost always advised to go to Virginia and file the case there. This problem of moving the original case to a new state would always put the Georgia parent at a disadvantage. In February 2014, however, the Georgia Supreme Court changed the court’s jurisdictional requirement. Now, if a divorce or other domestic relations matter is determined by a Georgia court, that Georgia court retains the ability to rule on a modification, even if one party has relocated out of state.

This new rule on jurisdiction may prove a double-edged sword. On the one hand, the rule will make it very convenient for a noncustodial parent to bring a change of custody case, even if the other parent has moved, but on the other hand, this rule will also make it easy for a litigious former spouse to continue a litigation campaign at a very high cost to the out-of-state party. Either way, as with most domestic relations issues, this new rule is great for 50% of people.

See, Barker v. Barker, 294 Ga. 572 (2014).