In order for a parent to modify child custody, the parent must petition the court for a change of custody. The child has a presumptive right to choose which parent he/she wants to live with if the child is 14 or older.
I strongly encourage you to consult with a family law attorney because child custody rights are very fact specific and it is impossible specifically address your question on this forum. Our firm handles child custody matters so feel free to contact us.
Shalamar J. Parham
Atlanta Divorce and Family Law Attorney
Answered on Sep 10th, 2012 at 11:53 AM