Legal Question in Family Law in Georgia

I am a father of a 15 year old daughter. Her mother has custody of her, but she wants to live with me. She moved in with my a couple of days ago, but I want to make it legal so her mother can't just tell her she can't stay. They do not have a happy relationship. What steps do I have to take to get custody of her and get the court order on child support terminated? does it HAVE to go to court or can it be handled otherwise? Can I submit a child custody change myself without involving a lawyer?


Asked on 8/09/11, 3:09 pm

1 Answer from Attorneys

At age 14, a child can decide which parent she wishes to reside with in Georgia. I am assuming that all parties and not just you are in Georgia.

Generally, if another state entered an order, that state has continuing jurisdiction if the mother still lives in that state. In such case, you will need to go back to that state and you should direct your question to a family law attorney in that state as state laws differ. If everyone has left the state that entered the order, then Georgia may be able to modify the order once it is properly registered in Georgia and the other state court signs off that it is ok.

Yes, you have to go to court. If there was an initial court order then the only way to make this legal and official is to get the court order modified. Some counties may have the papers for you to file a motion for modification on your own, so check with your family court. Also, some lawyers may provide legal services at reduced rates. If nothing else, pay an attorney for a 30-60 minute consult to find out about modification of child custody in your county. While you can do this yourself if you have the papers, to best maximize your chances and eliminate any procedural snafus, I would recommend that you get a family law attorney, especially if you have to register an out of court order and then seek to modify it.

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Answered on 8/09/11, 5:04 pm


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