Legal Question in Family Law in Georgia

Custody modification and support

My 14 year old got in trouble. She went to visit her Dad in Fl, claiming she is unhappy.He promised her freedom,no rules and would replace all she had here.He had her sign an affadavit on who she wanted to live with. Custody changed in 98, he also had my son, we didnt exchange child suppport. I paid child suport in Ga for 5 years prior to change,he is wanting me to pay again, even though he never paid inthe 5 years I had our daughter or when my son turned 18. Can I go back and get unpaid child support for the 2 years after my son turned 18 for my daughter? It doesnt matter that the children under his houshold,turned up pregnant,dropped out, wear tattoos and peircings, all before 16. When my daughter got in trouble,I told him she waanted to live with him,I asked him not to interfere, she's mad, and going through alot of changes, but are working it out and not to encourage her. He's asking for sole custody, child support and complete control. She is already out there, I knew I couldnt fight or prove negligence or abuse. If she wants to comeback, taking into consideration his manipulative brainwashing technics, what are my options and what would I have to do to get her back if she decides too?


Asked on 8/20/03, 1:43 pm

1 Answer from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: Custody modification and support

The answer to your question is going to be largely dependent upon a thorugh review of the facts and court documents. I suggest you make an appointment with an attorney to review those things and go through the entire history. In the short run, I can tell you that as a child over 14 years of age, your daughter's election is binding on the court unless the selected parent is found to be unfit. It is possible for the court to make the change of custody temporary for a 6 month trial period. If custody is changed, you will be required to pay child support based on the state's guidelines which are 17-23% of gross income for 1 child.

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Answered on 8/20/03, 1:58 pm


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