QUESTION
At what age can a child chose which parent to live with and what do you need to do to make it legal?
Asked on Sep 08th, 2012 on Child Custody - Georgia
More details to this question:
My 14 year old neice (from GA) was supposed to be staying with me (in St. Louis, MO) for 2 weeks because her mom became an OTR truck driver with her current husband. The 2 weeks has turned into 3 months and my neice wants to go live with her dad back in GA. Is she old enough to "just chose" and what does she need to do to do it legally? Her father seems to think all she has to do in put what she wants in writing, get it notarized and that is enough...I dont want to release her unless it is the legal/proper way. I did insist on a POA before he children (her step brother is staying with me as well) stayed with me.
1 ANSWER
Antonio B. Mari
All parties, including the mother need to get together and look at the divorce decree. There may be language in there that gives you the flexibility to send her down there without needing to refile. However, absent some language to that affect, the father will need to file a modification of custody. In Georgia a child at 14 can make a decision as to which parent they want to live with, but that decision is not automatic. It must be reviewed and approved by the court.
Answered on Sep 10th, 2012 at 2:08 PM