Legal Question in Family Law in Georgia
fighting 14 yr old's decision
I have a son who will turn 14 in Sept. He wants to go live with his Dad who may see him at most twice a year. He is active duty Navy, has a second wife who would be raising my son when he is out to sea, and they are stationing him in Hawaii. We have been seperated since 1997, and I have raised the boys (one who is 10, also) since. I have also remarried. Do I stand a legal shot of fighting my son's decision?
2 Answers from Attorneys
Re: fighting 14 yr old's decision
While courts usually folow a 14 year old's choice the court still must determine if the choice is appropriate. Since he would not actually be with the parent, I suspect this choice might trouble a judge greatly.
Having said that, you do not have a legal situation at this time. Unless the father files a case, you have nothing to respond to, so stop worrying. It serves no purpose. If he files a case, see a lawyer at that time.
Re: fighting 14 yr old's decision
Many people have the mistaken impression that when a child turns 14, he can just up and go with daddy. Not so. Daddy must file a petition to modify, at which time the judge will consider the child's wishes but is not bound by them if the judge does not feel that the change is in the best interest of the child.
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