custody

[lonelyinms]

My 14 yearold daughter lives in Georgia with my ex-wife, my daughter wants to live with me in Mississippi but her mother is refusing to let her. I know that a judge will listen to the wishes of a child at her age but is there anything that can be done without having an all out custody battle that could take months to resolve and possibly cause problems for my daughter. We have 3 other children that left there mothers custody to lve with me as they got older.

[drruthless]

Das ist in der Doktor!

My 14 yearold daughter lives in Georgia with my ex-wife, my daughter wants to live with me in Mississippi but her mother is refusing to let her. I know that a judge will listen to the wishes of a child at her age

Really… well, I wouldn’t bet the farm on that one. A judge MIGHT listen, but it is highly unlikely that anything a fourteen year old child could say is going to have much of a bearing on his decision

but is there anything that can be done without having an all out custody battle that could take months to resolve and possibly cause problems for my daughter.

Unless you can somehow get on the ex.‘s good side,
I see an all out custody battle in your future

We have 3 other children that left there mothers custody to live with me as they got older.

Assuming she has full custody,
I would venture a guess to say that if the three older kids were under 18 when they came to live with you,
it was because she LET them.

If she’s not going to let go of the baby of the family as easily as she did with the other three, I'd be looking for GOOD attorney if you wish to pursue this any further.
Good luck.

..______________________
~ Free advice is like a public defender,
…you get what you pay for. ~ drr

[lonelyinms]

custody

Is there anything my daughter can do herself

[Dogmatique]

At 14, the child's wishes would usually carry quite a bit of weight in court provided Dad has the necessary change of circumstance to begin with.

Your daughter cannot petition the court herself.

So, bottom line? She stays with Mom unless Mom agrees that she can come live with you.

[lwpat]

Georgia Child Custody

Age of Election: O.C.G.A. §19-9-3(a)(5)

Georgia was one of a minority of states in which a binding election by a minor child existed. The 2007 revisions to the child custody statutes still allow for a minor child, at the age of 14,and beyond, to elect to live with one parent over another, however, the presumption is no longer that the child’s election shall be binding but for a finding of unfitness of the party chosen.

The minor child of applicable age may chose to elect to live with one parent, however, that choice “shall be presumptive unless the parent so selected is determined not to be in the best interests of the child.” An election may be a change of circumstances sufficient to warrant a modification of custody at the discretion of the judge. O.C.G.A. §19-9-3(a)(5).

http://www.divorce-in-georgia.com/child-custody.html

Georgia is one of the few states where the child can chose at the age of 14. You would need to file for a modification of custody.