Transfer of Jurisdiction in Event Minor Has Permanently Moved; Determining Minor's Residential Status; Filings
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Law
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Georgia Code
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Guardian and Ward
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Conservators of Minors
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Foreign Conservatorships
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Jurisdiction
- Transfer of Jurisdiction in Event Minor Has Permanently Moved; Determining Minor's Residential Status; Filings
- A conservator may petition the Georgia court which has jurisdiction over the conservatorship to transfer the conservatorship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction.
- The minor may be presumed to have moved permanently to the foreign jurisdiction if:
- The minor has resided in the foreign jurisdiction for more than 12 consecutive months;
- The conservator notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or
- A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the minor in the foreign jurisdiction.
- To facilitate the transfer of conservatorship the court may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction.
- If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.
(Code 1981, §29-3-110, enacted by Ga. L. 2004, p. 161, § 1.)
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