Legal Question in Family Law in Georgia
My parents are divorced. I live with my father, but want to move with my mother. I'm 16 years old, but the thing is, my mom hasn't been paying child support because my dad has restricted my time with my mother, like when i can see her and such. Is there anything i can do so that my mom won't go to jail???
2 Answers from Attorneys
A judge has to approve the change of custody. At age 14 you can select which parent you want to live with and most judges will approve that, unless the parent you select is "unfit". (Not paying child support does not equal "unfit".) These are two separate and independent issues: custody and child support. Your seeking to change from one parent to the other will not cause your mother to go to jail. However, my guess is that both of your parents are violation of the court order: your father for restricting visitation and your mother for not paying child support. Not paying COULD result in her going to jail. But the same goes for your father about the visitation. You need to consul with a local attorney to help sort all this out and help you with the selection process.
I disagree strongly with Charles Field.
Your mother is at serious risk of going to jail for not paying support, and needs to understand that her violation shows a lack of interest in you that weakens any custody case she might file. Her remedy, if she is being denied visitation is to go to court and complain to the judge, not to do something that is frankly stupid and will anger the judge - withhold support. (Show her this answer and tell her to get a lawyer).
Contrary to what Charles Field says, you CANNOT decide custody unless a parent files a custody case. If your mother files one you do have a right to state a preference and a judge lwill follow it unless he finds good cause not to. Her not paying support could be that good cause not to.
Encourage your mom to get current on support and then to go to court about visitation and custody. At that point she needs a lawyer.