Legal Question in Family Law in Georgia

Custody of a child

Hi, I am from Georgia and my ex-wife and two children live in Florida and my 12 year old is wanting to come live with my new wife and I and I was wondering, how old does he have to be in order to make his own decision on where he wants to live? Can you please tell me what I can do to get custody of him without paying high attorney fees?


Asked on 7/25/07, 7:26 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Custody of a child

Whether or not you will have large legal fees depends on the the other party. Absent an agreement, you will be in a contested case, and it will be expensive.

There is no age at which a child decides. At age 14, a child's preference, if expressed in court, is given serious consideration. A Court, can for good cause, decide differently.

Additionally, the court also has to decide support and visitation.

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Answered on 7/25/07, 7:45 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Custody of a child

Assuming the divorce was in GA, at age 14 the child can express his preference. While not bound by the selection most judges go along with it unless the selected parent is shown to be unfit or the selection is otherwise against the best interest of the child.

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Answered on 7/26/07, 9:14 am


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