Legal Question in Family Law in Georgia

Change in custody

My ex-husband has had primary physical custody of my daughter and son. My daughter turns 14 in June and son 13 in September. They would like to live with me. I have been waiting for years to change the custody order so that it would not be a fight. If there dad will not agree to let them, can we change the custody order just on the fact that they want to be with me? What do we need to do?

Thank-you for your time


Asked on 10/26/05, 10:57 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Change in custody

The 14-year old can elect to live with you. Technically, the younger child would have to wait until he turns 14; however, most judges would want to keep the siblings together. Consult with a local attorney about a Petition to Modify your original decree.

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Answered on 10/27/05, 11:10 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Change in custody

While a child of 14 can express a preference and Judges usually follow it, it's not an absolute, although few fathers would risk having their child see them as an opponent in court. The 13 year old does not have the same right, although judges tend not to split children.

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Answered on 10/26/05, 11:32 pm


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