Temporary child custody order - modification?

[caravelle]

What is the name of your state? Georgia

My 14 year old son decided 4 months ago to go live with his father. His father and I went to court and the judge issued a temporary custody order based on an interview with my son. Remarkably, the judge told both my ex-husband and I that his hands were tied - Georgia law REQUIRES that the wishes of a 14 year old be honored. However, the judge felt that my son had been "coaxed" into going to live with his father (by the promise of various goodies, etc.) and he was under no obligation to make the order permanent yet. Lo and behold, my son came to me over the weekend and said that it was not as wonderful as he thought it was going to be and he wants to resume living with me. What do I do next? Just go back to court as usual? Thanks so much for any help!

 

[SMURFEELAW]

Does the temp order state how long it is to be in effect or do you have another follow up hearing? The Court may have your son stay for 1 year since the Courts DO NOT LIKE children to be able to say i want to me with mom this montha and dad next month. Not that I think you should make your child suffer (and if he is not being cared for properly by all means go to Court to get him back) but if he is just shopping for the greenest pastures then maybe you should inform him that he felt responsible enough to make this decision and therefore he has to stick with it at least through the school year. Then next time he won't be so quick to jump ship if things aren't as much fun with one parent. Good Luck.

 

[caravelle]

Thank you so much for your response. As far as I can tell, there is no expiration of this temporary order. I'm fairly certain we would have to go back for another hearing. I have struggled with what you say - I had almost decided prior to this that even if my son said he wanted to come back, I would have him stick out at least the school term. There is no neglect or abuse or anything like that - he just realizes that he made a mistake and wants to fix it. I guess I have some soul searching to do.

 

[SMURFEELAW]

And as hard as it maybe to not swoop in and protect him from himself and bad decision at least you know dad id there and responsible. Your son may have to learn for himself the ramifications of his actions. If after school ends he still wants to move back then go for it and next time he'll remember and learn a valuable lesson a lot of us don't learn until much later. Good Luck.

 

[stepmom65]

California.

Just my 2 cents....My son did the same thing at 16. He was disrupting our household, being disrespectful, unruly. It only took him 1 month to change his mind. I told him until he changed his ways, he couldn't move back. He said he hated me and for me to go to hell.. He didn't like my curvew rules and liked his dad's better until he realized there were other things he liked better at my house. That was 4 years ago, and my relationship with my son is better than ever and he's very responsible now. Tough Love!!!! It works and there are books you can pick up on the subject.

 

[caravelle]

Thank you guys SO MUCH! This is the first time I've posted here, and this has really helped.