Legal Question in Family Law in Georgia
changing residence of child in shared custody
I was divorced 18 months ago and my exhusband has physical custody of our 5 children and we share legal custody, my 15 year old daughter wants to come and live with me, does this have to go through the court system or how do we go about this, my exhusband wants her with him as she is his free babysitter, do we need his permission
2 Answers from Attorneys
Re: changing residence of child in shared custody
A child above the age of 14 can make the election. However, you will need to file a Petition to Modify Custody. It will be granted, absent any evidence of your being an unfit parent. Consult with a local attorney.
Re: changing residence of child in shared custody
Any change in custody requires going to Court. If your ex will not cooperate it will be a contested case. Since a 15 year old will be allowed to express a choice, your ex will be placed in a position of having to oppose his daughter in a courtoom, and that will make it more likely that you can work this out as an uncontested case.