Legal Question in Family Law in Georgia

Rights of non-custodial parent

My husband has recently obtained full custody of his 13 year old daughter. She asked him about getting her belly button pierced and he told her no, not until she is 18. Her mother took her and signed for her to get her belly button pierced without consent from my husband--the custodial parent. My husband and I both feel that it is very inappropriate for a 13 year old to have this done. Is there any legal action that we can take against the mother for doing this? Don't you have to have custody to sign for things such as this?


Asked on 2/24/08, 9:39 am

1 Answer from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: Rights of non-custodial parent

It may depend on the specific language of the agreement or order in place between them, but if he has final decision on legal custody issues, she probably is subject to a motion for contempt being filed by him against her. He should consider whether he desires to pursue this and speak with a family law attorney.

One big factor to consider is whether this action will cause the child to elect to live with mom after she is 14. The defense to such an election used to be if the selected parent was unfit. Now court can deny change of custody if it is not in the best interest of the child.

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Answered on 2/24/08, 10:32 am


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