Legal Question in Family Law in Georgia

I am filing a petition for child support/custody modification in Georgia. The minor is 14 years of age and has verbally expressed the want to split time equally with both parents. The mother has refused to allow the minor to sign the affadavit of custody election. From what I have read the child will have to sign the document under oath but is there any other way to force the custodial parent to allow the child to sign before court.

Asked on 8/27/13, 11:10 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office
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First of all, if you are doing this without a lawyer, stop! This is not a mater of forms. And while an election matters, it does not decide the case. A judge still decides the child's best interest (and support and visitation and the exact parenting time). So you are on the wrong track. You need a lawyer and need one badly.

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8/27/13, 11:14 am
Tahira Piraino Tahira P. Piraino
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It sounds as if you are trying this without an attorney. While a 14 year election is a change of circumstance allowing a parent to file a modification, the case is still decided by the Court. I suggest you speak with an attorney before you end up messing up.

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8/28/13, 4:03 am
Robert Gardner Hicks, Massey & Gardner, LLP
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Barring a showing of unfitness on behalf of the party seeking the change, the Judge has to consider the wishes of a 14 year old. Having an affidavit is a good way of proving that the child wants the change, but would not be necessary should the child testify to this in court. However, given the fact that the custodial parent is resisting, and that you have to file a modification with the court with very specific terms, I agree with the other posters who say that you need to have an attorney involved in this to make sure everything is done correctly, and that you don't get yourself in trouble with interfering with the custody of your ex, which could open another can of worms.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at hmgrmg@yahoo.com, or through our website: hicksmasseyandgardner.com.

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8/28/13, 11:01 am

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