GA Custody Laws

[2wiSteD]

With me being 16, I should be able to choose which parent I want to live with, correct?

Do the papers have to be signed before school starts?

I want to move back to my mom's, but my dad's pulling all of this legal bull to slow things down. I have less than 2 weeks left before the 11 days before school thing starts kicking in.

What happens if I just don't go back to my dad's? It's not my mom's fault that I don't want to live with him. He's forcing me to live with him, which I think should be against the law.

My mom can't afford a lawyer or an attourney, but my dad's blowing alot of money on his to slow things down.

Help?

 

[JETX]

With me being 16, I should be able to choose which parent I want to live with, correct?

No. You 'get' to live with whichever parent the court orders.

Do the papers have to be signed before school starts?

Depends on what 'papers' you are trying to talk about.

I want to move back to my mom's, but my dad's pulling all of this legal bull to slow things down. I have less than 2 weeks left before the 11 days before school thing starts kicking in.

Okay???

What happens if I just don't go back to my dad's?

Then your dad will simply report you as a run-away, the police will pick you up and return you to your dad.

It's not my mom's fault that I don't want to live with him. He's forcing me to live with him, which I think should be against the law.

It isn't.

My mom can't afford a lawyer or an attourney, but my dad's blowing alot of money on his to slow things down.

So???

Help?

With what?? You are still a child, both in years and in the law. As such, you are under the legal 'control' of your parent(s). Simply, if your parents can come to some agreement as to which you live with..... and the court doesn't change the current order, you remain where you are.

 

[DadinMisery]

In a perfect world, all parents would get along for the sake of their children. This is NOT a perfect world. I do think, you should, however, talk to your father about what you want and the reasons that you want to live with your mother and be very honest about it. It may help or it may not but ya never know until you try. If you want someone to consider how u feel, I think you do have to let them know. I am not an atty by any means, just a father who knows thats its hard raising children. I would want my child to let me know what he wanted and why. It doesnt mean just b/c he wanted it, that he would get it. Parents have to look out for the childs best interest even if the child cant see that.

 

[victmich]

I thought that in GA a child did have the right to choose at the age of 14? IAAL, Belize, etc.....can anyone confirm?

 

[JETX]

I thought that in GA a child did have the right to choose at the age of 14? IAAL, Belize, etc.....can anyone confirm?

Yep, you thought wrong. The following is from Georgia Code:
"§15-11-2.
As used in this chapter, the term:
(1) 'Adult' means any individual who is not a child under the definition in paragraph (2) of this Code section.
(1.1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child.
(2) 'Child' means any individual who is:
(A) Under the age of 17 years;
(B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or
(C) Under the age of 18 years, if alleged to be a 'deprived child' or a 'status offender' as defined by this Code section."

 

[karpach13]

Actually...

I believe GA is 1 of 2 states that lets a 14yo choose.

Ga. 19-9-1(3)(A): In all 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 shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.

 

[Whyte Noise]

Actually, victmitch didn't think wrong.

At the age of 14 in Georgia, a child can make their preference known to a judge on which parent they wish to live with, and unless the chosen parent is proven to be unfit, the child's wish is the controling factor and the judge shall rule as such.


O.C.G.A. 19-9-1(3)(A):

In all 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 shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.

At the age of 11, a child can make their desires known to the judge, but the judge still has discretion to decide who should have custody, and the child's wishes are NOT the controlling factor.

You were looking in the wrong Chapter JETX. 19-9 is the chapter that deals with custody.

 

[JETX]

I believe GA is 1 of 2 states that lets a 14yo choose.

Ga. 19-9-1(3)(A): In all 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 shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.

Sorry... but still wrong. The statute you reference has to do with the ORIGINAL courts decision and the right that the child has to choose parent. That has NOTHING to do with a post-ordered situation as this is. Read the FULL statute and not just the part you think supports your position!!
BTW, the statute can be found at: http://www.legis.state.ga.us/legis/GaCode/Title19.pdf

 

[JETX]

You were looking in the wrong Chapter JETX. 19-9 is the chapter that deals with custody.

Sorry, but you are wrong. The child can choose parents BEFORE an order is made. Once made, the only way to change the order is to return to court. See my previous post.

 

[tigger2two]

well obviously the only way to change any court order is to return to court. But if the child can choose then the mother doesn't really need an attorney to have a judge listen to what her daughter wants. Court orders are changed all the time. And judges usually favor the mother when the she isn't unfit and the daughter is coming of age.

Tell your mom to call the clerk of court and find out what she can do. Or tell her to consult an attorney for a free legal consultation.

 

[BelizeBreeze]

well obviously the only way to change any court order is to return to court. But if the child can choose then the mother doesn't really need an attorney to have a judge listen to what her daughter wants. Court orders are changed all the time. And judges usually favor the mother when the she isn't unfit and the daughter is coming of age.

Tell your mom to call the clerk of court and find out what she can do. Or tell her to consult an attorney for a free legal consultation.

Jet, be gentle. Ignorance is a malady for which there is only one cure.

 

[tigger2two]

Jet, be gentle. Ignorance is a malady for which there is only one cure.

yes belize we know how we are all ignorant and you are the supreme book of knowledge. Now get over yourself and say something useful or move on. Nothing about what you said had anything to do with legal matters.

 

[JETX]

well obviously the only way to change any court order is to return to court.

Wow!! And exactly how much legal education do you have to dribble that bit of knowledge???

But if the child can choose then the mother doesn't really need an attorney to have a judge listen to what her daughter wants.

Yeah, right!! I hope your really not trying to say that the daughter can simply call up the judge and ask for a change of the court order, are you?? You can't be that naive!!
And did you even READ the response. The daughter has NO say in this matter since the court has already ordered the father to be the custodial parent. The ONLY way that can be altered (absent death of the parent), is for one parent to petition the court for a hearing to consider changing custody. And guess what..... yep, that will more than likely require an attorney (unless the petitioner is pro se). In any case, this is NOT something that the child can do on her own.

Court orders are changed all the time.

And that has absolutely NOTHING to do with this thread!!

And judges usually favor the mother when the she isn't unfit and the daughter is coming of age.

That it pure crap and you know (or should know) it!!

Tell your mom to call the clerk of court and find out what she can do.

Damn, just when I was hoping you weren't a total idiot about legal matters... you come along and prove me wrong!! This is NOT small claims court. The court staff can't tell 'mom' anything..... nor can they recommend any action.

Or tell her to consult an attorney for a free legal consultation.

I doubt that ANY attorney would give a free consultation on the issue of changing an existing court order. Simply, nothing in it for him/her.

 

[tigger2two]

[Damn, just when I was hoping you weren't a total idiot about legal matters... you come along and prove me wrong!! This is NOT small claims court. The court staff can't tell 'mom' anything..... nor can they recommend any action.

i was refurring to calling the clerk of court for numbers to legal aid maybe?? seeing as how she did say her mother couldn't afford an attorney.

I doubt that ANY attorney would give a free consultation on the issue of changing an existing court order. Simply, nothing in it for him/her.[/QUOTE]

and i KNOW that an attorney will give a free consultation bc i myself got one before i went back to court for custody the second time.

I did read the entire thread and im in seeing your posts the same as missourigal and the others. Sorry to offend you with my ignorance as so many of us seem to do to you.

 

[tigger2two]

Wow!! And exactly how much legal education do you have to dribble that bit of knowledge???


and as far as that statement goes i was only agreeing with you when you said you have to go back to court to get order changed. so i guess i could ask you the same question?