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