Legal Question in Family Law in Georgia

Custody

My daughter us 17 years old and lives in woodstock Ga. I reside in Fl. Her mother has kept her and her brother who is 18 from me for the last 15 years. My daughter wants to live with me now and wants me to come and get her. To my knowledge no custody paper work has ever been filed. How can I Proceed?


Asked on 1/20/07, 3:35 pm

1 Answer from Attorneys

Stephen Worrall The Manely Firm, P.C.

Re: Custody

I would need more information to answer your question accurately. However, generally speaking, in Georgia, a child who is 14 or older may elect the parent with whom she desires to live and her selection is binding on the court, unless the selected parent is shown to be unfit.

Assuming Georgia has jurisdiction (which would depend on a number of facts not listed in your question), a petition could be filed in Cherokee County with your daughter's affidavit and a temporary hearing could be scheduled in a few weeks, at which time the court would have the chance to rule on the election.

If you would like to discuss your specific facts, feel free to call us.

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Answered on 1/20/07, 4:39 pm


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