Legal Question in Family Law in Georgia
14 and 17 year olds rights
My ex and I were divorced in 1995. I received full cutody of my two daughters at this time. Four years ago, my ex sued my for joint custody and won that award. My girls are now 14 and 17 and have both signed afadavits with my attorney stating that they want to live only with me and visit their father. Do we have to go back to court to make this official, or can these afadavits be enough? My ex threatens to have me arrested if the girls don't go to his home. He is very emotionally abusive to them and I would really appreciate your help. Thank you
2 Answers from Attorneys
Re: 14 and 17 year olds rights
You say you have an attorney who helped with the affidavits, and ask a question so fundamental that it is clear you need new counsel (unless you have left out much of the story and not indicated what he told you). Any attorney would have told you the affidavits are meaningless unless you file a modification suit. And while a Judge usually will follow a child's request when the child is 14 or over, it is not mandatory that he does. With a 17 year old, the child will probably reach 18 before the suit is concluded and can live wherever he/she pleases.
If your lawyer did affidavits for you without explaining this, look for a lawyer more knowledgeable about family law.
Re: 14 and 17 year olds rights
I usually don't want to get involved where a party already has an attorney. However, since you asked, and the answer may be of benefit to other readers of this forum, I offer the following: You should file a Motion to Modify Child Custody. Submit the affidavits to the judge. A child over 14 has the right to choose, unless the parent (i.e., you) is unfit. Run this by your lawyer.
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