My son is not happy spending time with his father in Georgia during his custody time, what can I do? 1 Answers as of March 07, 2011

Does my son have to spend time with his father in Augusta even if he does not want to go? My son does not like living with his dad and current girlfriend. We have split legal and physical custody of my child. I want him to be stable and happy.

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It is important that children be encouraged to maintain a good relationship with both parents post-separation and/or divorce. If your agreement and divorce decree specifies certain periods of parenting time at a minimum, then you must honor that court order or seek to have it changed based on a change in material circumstances affecting the welfare of your son. If your son is 11 - 13 years old, then the court would possibly consider his wishes and modify the custody arrangement. If your son is 14 or older, he can sign an affidavit indicating with whom he wants to live primarily and that would create a presumption of a material change in circumstances warranting a change in custody.

The better course of action is to have your son talk with his father about how he feels and what he wants and try to work out an agreement that works for your son, his father, and you. You may want to consider mediation as a first alternative before you proceed with legal action.
Answer Applies to: Georgia
Replied: 3/7/2011
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