Legal Question in Family Law in Georgia
Custody Modification
My daughter is 13 and will be 14 shortly. She lives with her father and wants to live with me (mother). I have been trying to obtain forms or whatever is required to file in Georgia but the two counties I tried to ''obtain'' information from have not been helpful. Neither counties have any ''packet'' or form for me to use. The attorney I spoke to said I need to file a petition with the court but where do I get the petition? Is there a standard form? Is there something online? I don't understand where to start and no one seems to want to tell me straight what the process is. What's the big secret?
2 Answers from Attorneys
Re: Custody Modification
Unlike magistrate court, which is designed for people without an attorney and which provides a lot of forms, Superior Court does not provide these. You would be well advised to at least consult with an attorney to guide you through a Petition to Modify.
Re: Custody Modification
A child does NOT at 14 have an absolute right to decide. They do have the right to express a preference, and the court follows it if the Judge does not believe it is not in the child's interest. So it's usually, but not always, followed. There is no standard form, and the two Georgia counties with forms have forms that are inadequate, without major changes, to carry this out. A court must determine other issues, such as visitation and support in these cases.
I strongly suggest that you need a lawyer. With an agreement, the cost may be only a few hundred dollars. It will be far more expensive if there is no settlement, but those cases tend to be a disaster without counsel.
If you do insist on filing pro se, consider paying a few hundred dollars for the lawyer to help you write papers and coach you.
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