Legal Question in Family Law in Georgia

If there is an oustanding custody order, you have to obtain a court order to change custody. This change in custody may also change child support.

In any event, because both of you agree, you can file a joint petition. A local attorney should be able to handle this cheaply.

It is not clear from your question as to which parent has custody and whether there is a custody order in place. If there is an order, then yes, you have to go through the courts to change custody. The parent who wants custody should file a petition to modify custody based on changed circumstances, the change being that the child is over 14 and wants to live with the other parent. You can join the petition if the other parent is the one seeking custody. You should file the petition if you are the one seeking custody and the other parent can join if he/she wishes to. Joinder is not necessary.

I have assumed that both parents were married but have now divorced. If this is incorrect and the child was born out of wedlock, is the father's name on the birth certificate and did he legitimate the child? This may dictate what steps are taken next.

If you were divorced and no custody order was ever entered, then you do not need to file anything as ther is nothing for the court to modify.

Is there an existing custody order? At age 14 a child can decide with which parent he wants to live. If there is an order, the parent seeking custody must file a petition to modify with the court. If there is no order and you are divorced from the child's other parent, nothing needs to be filed. If the child was born out of wedlock and the child has not been legitimated, that is a different matter and steps must first be taken before custody ca be transferred.