Q: My son turns 14 next month and has asked to come live with me.Can the mother stop it if the court can not find me unfit?
I have two children and my oldest son wishes to come live with me once he turns 14. He said he will sign the Election of a Minor affidavit since his mother doesn't agree. Can she stop him from moving if the court can not find me unfit. I have no criminal record and have been very involved in my children's lives even though they live 4 hours away. If the courts agree then one child would reside with me and one with his mother. The mother doesn't work, would the child support be stopped since we both have a child or would I still continue to pay since she doesn't work?
A: If the child signs the acknowledgment and it is not against the child's best interests to live with you, you will most likely receive custody. The other parent can contest your request for modification of custody, but it sounds like you will be successful either way. Child support will not necessarily stop - the court will need to calculate the appropriate child support award for both children under the Georgia Child Support Guidelines (i.e., your child support obligation to the child that is living with the other parent, and the other parent's child support obligation to the child that is living with you); to the degree they offset one another, you will not need to pay child support. For example, if the judge calculates you owe a support award to the other parent of $1000.00/month and the other parent owes you a support award of $500.00/month, you will only have to pay $500.00/month (and the other parent will not have to pay anything). Please understand that this is not a cut-and-dry calculation nor is it a simple legal action, and thus I highly recommend you speak with an experienced family law attorney in your area to discuss the specific facts of your case and how the law is likely to apply to you.
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