Legal Question in Family Law in Georgia

Re: change in custody

The school counselor engaged in the illegal (and erroneous) practice of law. It's inexcusable and has created a false and simplistic expectation. A 14 year old can have a say, but it is not automatic.

Georgia does allow a judge to consider the request of a child age 14 or over. The request is followed unless the Judge finds that it is not in the child's interest, which means that while it is often followed, it is not always followed. In other words, the chances are good, but not guaranteed.

Procedurally, it's difficult and often very expensive to change custody.

If the father will agree (and he may want to do so to avoid appearing to be the bad guy and incuring the emnity of his child), it can be filed as an uncontested case. That would require the two parents to also be agreeable as to support, visitation, insurance and all issues. This isn't that expensive. Step one is for you to talk to the father. Step two is to hire a lawyer. Depending on the county, this could cost as little as $500-$600.

If he won't agree, you'd have to file a contested custody case. This will cost at least $1600, and often more. The process will vary by county, but often includes both mediation and trial, and sometimes appointment of a guardian ad litem.

Bear in mind such a case if contested puts the child in a difficult position - forced to choose between parents in court.

My office handles such matters. If you're in metro Atlanta, please contact me.

Re: change in custody

In effect, changing the conditions in your divorce decree will require you to seek a modification of the decree in court. Even if the father is agreeable to your son's suggestion, you still need to take this step to assure that your actions will never be viewed as a violation of the previous decree. Call me if you want to discuss what is entailed.