QUESTION

What do I need to do to have an affidavit for a change of custody signed by my son rescinded?

Asked on Dec 13th, 2012 on Family Law - Georgia
More details to this question:
I have sole legal and physical custody of my 16 year old son. My ex husband had him sign an affidavit requesting a change of custody without my knowledge and has filed it with the court. I have not yet been served. My son has since stated that he felt pressured to signed and does not want to move. This would involve an 800 mile move away from a house and neighborhood my son has lived in for 12 years.
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1 ANSWER

I assume your ex filed a change of custody with the court where you and your son live?  It will need to go to Court, of course, but the biggest change in the law in the past couple of years is that even though 14 year olds and older can "elect" the parent with whom they wish to reside, it is no longer a "done deal." It is now a "best interests" standard, so even if those kids who were old enough to elect their custodial parent now wish to "elect" their custodial parent, the Judges can override it with a "best interests" finding.   I don't know where you are residing in Georgia, but Judges usually speak with children in Chambers, privately, to find out what is going on, what they want and why, etc.  If your son asks to speak with the Judge, he can let the Judge know privately what he wants and why he signed the election form to begin with.  The Judge will make their decision and inform the Court whether or not the child will be able to move.  So, your son has a second chance.  Make sure that you are not pressuring him to say those things to you just to spare your feelings, too.  I suggest that your son talk to a school counselor or pastor or someone he feels he can speak openly to.  It is, after all, about your son and what he needs and wants.  16 year olds still get confused and conflicted. Hope this helps. Danielle D. D'Eor-Hynes, Family Law Center, LLC www.hynesfamilylaw.com 478-971-1877  
Answered on Jan 02nd, 2013 at 8:58 AM

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