Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    May 2010
    Posts
    201

    Angry Georgia Child Custody Modification Clarification

    My question involves a child custody case from the State of: GA (sorry about the icon, fat fingers on a tablet)


    OK knowledgeable ladies and gents. I need clarification (?) of a GA statute on a custody modification. I think I know what is means but one can always use extra insight

    O.C.G.A. § 19-9-3

    (5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.
    This does mean a child of 14 can request and it may be the needed change in circumstances BUT it is not the total deciding factor, correct?

    Yes, for my current husband but I am trying to give him accurate info before he goes to a lawyer. His son has requested it and yes, I have already been down the path of child has no choice, if CP is hitting him call DFCS, etc etc. He basically tells me to shut up.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Georgia Child Custody Modification Clarification

    I agree with your interpretation of the passage; the words "can" and "may" are critical here.

  3. #3
    Join Date
    May 2010
    Posts
    201

    Default Re: Georgia Child Custody Modification Clarification

    Thanks Doqmatique

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: Modification of Custody in Georgia
    By GAMommy in forum Child Custody, Support and Visitation
    Replies: 18
    Last Post: 08-03-2013, 02:34 PM
  2. Modification of Custody: New Jersey Child Custody Modification to Obtain Primary Physical Custody
    By Novice in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 02-10-2011, 04:29 PM
  3. Property Division: Any Way to Stop a Clarification or Modification of a Record Written Agreement
    By jellomaker in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 12-22-2008, 12:49 PM
  4. Child Support Modification in Georgia
    By concerned27 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-28-2006, 09:03 AM
  5. Modification of Custody in Georgia
    By Father_E in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 07-26-2006, 12:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources