Legal Question in Family Law in Georgia

fathers rights
My ex wife has been creating turmoil for years. She has most recently filed a suit against me for not adhering to the agreement. She claims I was not co-parenting because my current wife was trying to participating in my sons school work. I have joint legal and physical custody of a 13 yr old son who turns 14 in Aug 07' We all attended family couseling that was agreed to by all. The Psycho therapist made recommendations for us to continue on a week to week custody agreement. 2 days before the petition hearing my ex wife canceled her petition. Now my son is saying he wants to live at his mothers because he can do what ever he wants when he is there. ( he almost flunked the 8th grade and is now in summer school)
Ex wife will not have concversation with me she just says it is between my son and me. Se is planning on having him sign an election letter.
A LITTLE HISTORY: my ex wife is an alcholic, she has been admitted into 2 facilities over the years. She got a DUI in Nov. 06' She is constantly on persrcition drugs; anti depressants etc... My curretn atty is telling me I have these choices File contempt charges, petition for modification, Frivolous lawsuit ( of those she said my sons election letter would supercede)
What to do ??

Asked on 6/08/07, 7:53 am

3 Answers from Attorneys

Stephen Worrall The Manely Firm, P.C.

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Re: fathers rights

When your son becomes 14, his election will be controlling under current law, unless you can show the mom to be unfit. Under current law, a 13 year old's choice can must be listened to by the judge, but is not required to be followed.

This law will change for cases filed after January 1, 2008, and the 14 year old's choice will be one factor, but it can be defeated if the Court determines the placement at the selected parent's home is not in the child's best interest.

Based on this, you can file something now, before he turns 14 (of course, when he turns 14, the Court's options will be more limited) or wait until after January 1 when the legal climate for your case will substantially improve.

Answered on 6/08/07, 8:04 am

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SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

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Re: fathers rights

While it is good to be open to suggestions, in this instance, you should logically evaulate the pluses and minuses from the standpoint of what environment will most likely foster a responsible, self-reliant son. Once you reach a logical conclusion, follow your convictions with the assistance of your attorney. Often children are either looking to try to take care of a parent that they perceive as afflicted, or they have the mistaken impression that they can convince their parents to abandon self-destructive behaviors. If you suspect that that is the case, then your son may need counseling to understand that his mother must choose to live differently. Otherwise, your son is probably looking for an atmosphere where he may have more freedom to live as he chooses.

Answered on 6/08/07, 10:10 am

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