What are the rights of a 17 year old daughter who wants to live with non custodial father? 3 Answers as of July 11, 2013

Daughter wants to live with dad. Will be 18 in 5 months. Mother is being difficult and not wanting her to go. What are her rights?

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Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, a child 14 years of age or older may sign an affidavit of election as to which parent they wish to live. The parent with the election must file it and seek a modification of custody with the Court. Until the Court modifies its previous order, the election of the child is not enforceable. The other parent can still contest the election, but the Court typically follows the election of the child.
Answer Applies to: Georgia
Replied: 6/27/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
In Georgia a 17- year old does have the right to decide who she wants to live with. However, given the fact that she will be 18 and emancipated in a few months and can do what she wants, you should talk to a lawyer about whether it is worth it to proceed with a change in custody action now or just wait the 5 months when she will legally be an adult and can move in with you without a custody modification action. If the situation is completely untenable, you may want to proceed with a custody modification action and see how quickly you can get into court for a temporary hearing.
Answer Applies to: Georgia
Replied: 6/27/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Since a contested case will take over 5 months, her rights are to wait 5 months and move where she pleases.
Answer Applies to: Georgia
Replied: 7/11/2013
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