Legal Question in Family Law in Georgia
In 2001 during our divorce we come up with an agreement that our daughter will live with me and have visitations with her dad. She was 5 than and has been on visitation schedule for 9 years. She is 14 now and tired to be on visitation schedule, she wants to have flexible visitations, but her father gives her hard time demanding that she follows visitation schedule. Also, the divorce agreement says that he should give me a written permission to take her outside of US. It is very hard to get his permission because he doesn�t want us to travel. My daughter is 14 now and she wants to go to Europe with me, but he wouldn�t give us permission to go. What can we do to have flexible visitations and to be able to travel without his permission?
2 Answers from Attorneys
You can file a petition to modify custody based upon your 14 year old daugher's section of you as the custodial parent. In that motion, you can request a change in visitation based upon her age and activities. In that petition, you can also request a change in the provision that requires you to obtain your husband's permission before leavng the state.
If you have any further quesitons, you can contact me.
At 14, the child can decide with what parent she wants to live. File a petition to modify the prior visitation schedule since it is only visitation that is at issue. With regard to your daughter's passport, she can sign along with you once she is 16. If she is under 16, your husband's consent will still be required. However, you are going to need an attorney to get this modified. I suggest that you speak with the attorney about interstate and international travel or else wait until the child is 16.
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