My ex is in GA, and he has recently been granted custody of our 14 almost 15 yr old son. The father & his sister admitted that the child has been staying with her for the past 4 months while the father has been gone doing construction during the final court hearing. I must note that the child has showed signs of being unruly with the mother due to the father's extended family constant interence with the mother & son's relationship. Is this legal for the custodial parent to allow his extended family to raise the child when the mother can be there for him all the time?
2 Answers from Attorneys
There is a lot more information needed to respond to this question. Rather than posting this on a website I believe it would be best to consult with a family law attorney to review the prior court order and give you advice on your best options.
If jurisdiction for custody is in Georgia, a 14 year old gets to chose who he or she wants to live with, and the Judge has to go with that choice absent a showing of unfitness of the parent he or she chooses. Just having someone else keep the child while he is not around is not going to be enough to prove unfitness, so long as the child's basis needs are met. If you can prove harm to the child, you may have a shot to gain custody. Otherwise, the child has most of the power to live where they want.