Legal Question in Family Law in Georgia
Custody
My kids are 13 and will be 14 in January and want to know if there is a way for them to self initiate a change of custody. They keep asking me to take there mother to court so that they can speak with a judge regarding there desires and concerns. I don't want to create any more friction than already exists with their mother and I. She was give custody when they were 10 and they have been researching this and constantly ask me to intervene and give the opportunity to speak that they didn't get during the divorce.
3 Answers from Attorneys
Re: Custody
No. You are the only one that can file the case.
Re: Custody
As minors, your children cannot file their own petition. You can file a case. Changes in custody can be difficult to obtain; therefore, you should hire an attorney if you decide that you want to pursue this.
Re: Custody
You can file a case and attach to the petition affidavits signed by the children indicating their election to live with you. The 14 year old's election is binding on the court under current law, unless the selected parent is unfit. The 13 year old's choice must be listened to by the judge but is not required to be followed, but judges try to keep children together in most cases, so the older child's election will likely carry the other child's through.
You should be aware that the law will change in January 2008, so any action to change custody under the current standards must be filed before January 1, 2008.
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