Legal Question in Family Law in Georgia

I live in Georgia and was granted custody (in Georgia) of my two children. My 16 year old daughter wants to go live with her father in Freeport, Bahamas. At her age she go live with him even if I object. She will be 17 in April 2010. Thanks


Asked on 1/04/10, 2:59 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Absent a court order, she can't decide on her own until she is age 18.

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Answered on 1/09/10, 3:13 pm
Charles W. Field Charles W. Field, Attorney at Law

It depends on what the court order says, but since the order is probably silent on the issue of her age, she can't make that decision until she reaches age 18.

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Answered on 1/09/10, 3:34 pm
Paula McGill Paula McGill Attorney at Law

Also licensed and practicing in Georgia.

If the father agrees with the child, he can file a motion to modify custody.

Under 19-9-3(5) "In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply. "

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Answered on 1/09/10, 6:43 pm


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