Legal Question in Family Law in Georgia
custody of 15 year old
My ex and I have joint custody. My 15 year old son lives with him in Georgia. My son wants to come back to live with me in Ohio, but my ex is refusing to let him. Can he do that and how would I go about getting my son to Ohio if my ex isn't being cooperative?
3 Answers from Attorneys
Re: custody of 15 year old
At age 14 in Georgia a child generally can decide which parent to live with it, but it takes a court proceeding. Get a lawyer in Georgia if your child is willing to take sides in court.
Re: custody of 15 year old
At age 14, a child can make an election as to which parent with whom he desires to live and the selection is binding on the court unless the selected parent is found to be unfit. You should hire a lawyer in Georgia to file a change of custody action in the county where the child and his father live and have the child sign a statutory election affidavit to file at the same time (assuming he is willing to sign it).
Re: custody of 15 year old
In Georgia, the age of election is 14. Is the previous custody order a Georgia order or Ohio order? Your son would need to execute an affidavit stating he wishes to live with you. The affidavit is filed with a modification petition and filed in the county where the father resides. Your son will have to stand firm in his decision to change residences as it is not uncommon for the custodial parent to berate the child for making the election.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
