The short answer is yes if they are 14 years old; however, the issue is a bit more complex than this. In Georgia a child at 14 once was able to make a final determination regarding a custody decision. Today a child at 14 can still make this determination, but…
On Christmas Eve I received a tearful phone call from a father tormented by the loss of his child that evening. This man is on the birth certificate, he has raised his son alone for the last four years and this Christmas Eve the mother has decided that she wants…
The holidays are one of the most difficult times for parents who went through a divorce. Not only are there changes in the schedule and times in which you can spend with your children but often the custodial parent begins to deny access to the children. The court ordered that…
Dealing with child custody and visitation issues during a divorce or modification are always some of the most emotional issues involved in the divorce or modification process. In Georgia there are both legal and physical custody. It is rare for the court not to award joint legal custody. This simply…
Many people ask if an adulterous relationship will cause a parent to lose custody and the answer is it depends. In Georgia you have to show evidence of a true physical relationship as well as that this relationship was the cause of the divorce. If these elements are present merely…
A question I hear is DOES THE MOTHER ALWAYS GET THE KIDS? The answer is No. In Georgia gender is not a consideration when determining the custodial arrangement of the children. The statutes in Georgia are gender neutral and contrary to popular belief the father is as likely to obtain…
Yes, Child Abandonment is a Crime in Georgia If you leave your spouse with the children you are potentially committing a crime in Georgia. In fact, if you leave your spouse while pregnant in Georgia you are also potentially committing a crime in Georgia. In Georgia, the law provides for…
You just divorced your spouse and they decided to move out of the state with your children? Do not refuse to return the children, it is essential that you modify the decree. In Georgia, there must be a substantial material change of circumstance for the court to revisit its decree…
In Georgia the statutes allow for a child to sign an elective affidavit, which stipulates their selection of parent, beginning at the age of eleven. However, this selection is not necessarily determinative of which parent will get the children. The court still looks at the best interest of the child…
UNDER WHAT CIRCUMSTANCES CAN CUSTODY AND VISITATION ORDERS BE CHANGED? After a final decree of divorce or other order establishing custody and visitation is filed with a court, parents may agree to modify the custody or visitation terms. This modified agreement may be made without court approval if consented to…