Legal Question in Family Law in Georgia

Child Custody at Age 14

What are the chances of the non-custodial male parent getting his son when the son turns 14 years of age.

There are two children (13 year old son and younger daughter.) The mother was given custody of both children 4 years ago.

The non-custodial father has remarried and the mother has not. The non-custodial father has been trying to get on permanent disability but to date doctors are unable to find anything wrong with him. This father has been dangling a carrot in front of his son for the last 2 years and over the Christmas holidays talked with an attorney accordingly to the son. The son says he wants to live with his father when he turns 14 in March 2006.

Is this automatic since the son says he wants to live with his father. The mother has always been the care giver in the family.

Will a judge consider the non-custodial father's position of not working. He is only providing 1/2 of the child support since his going on disability (short term). He does not want to pay anything and it is felt that is the reason for trying for custody of the son. He is behind in his payments but yet he gave the son a 7 piece drum set that costs $700 to $800 at Christmas.

I would appreciate comments on this matter. Thank you.


Asked on 1/05/06, 2:59 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Child Custody at Age 14

First of all, stop worrying about a non-existent case. Until and unless a case is filed, it is useless to think about it. If a case is filed, respond then. Otherwise, by asking and thinking about it, you encourage it happening.

In Georgia, a child may choose which parent to live with at age 14. A Judge can, with strong cause, overrule that, but the wish is usually followed. A parent that tries to fight their child on this can often irrevocably damage their relationship with a child. Most children are smart enough not to choose a parent that would mistreat them, so be very careful if you want to argue a case. If a case is filed, discuss your options with an attorney at that time. Otherwise, don't think about it at all.

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Answered on 1/05/06, 7:32 am


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