Legal Question in Family Law in Georgia
My wife and I have a stepson (hers) and he is now 15 yrs old, of age to decide which parent he lives with. He's currently in custody of his father about an hour away. We get him every other weekend now. We want to get him legally transferred to us so he can start school in the fall. We are wondering what the best legal way to go would be...should we contact the court system in the county that the divorce papers were originally drawn in? Also any approximate costs of doing such would be helpful. Thanks! We are in South Georgia.
2 Answers from Attorneys
First of all, 15 years olds cannot decide. They can, if a parent files a modification, express a preference that the judge will consider. A judge still must decide if the change is in the child's interest.
This is not a do it yourself project and requires legal counsel. Fees can be huge if the parties have not agreed in advance on custody, visitation, a parenting plan and support, or a lot less with an agreement. This is NOT done by "contacting" a court. This is a serious court case that must be done right.
You need to meet with a family law attorney. Your stepson has the right to make an election, however it is the Judge who makes the decision in his best interest. Your wife will have to file a modification in the county where the father resides. Child support and other issues are affected. Again, meet with an attorney. It is not as simple as a child merely making an election.
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