Monroe, LA asked in Family Law and Child Custody for Georgia

Q: My son is 15 and wants to live with me. Can he sign an ex parte if he is currently being treated for suicidal thoughts?

My ex is not his biological father and my son is in a very bad place being in his home and does not want to go back to his home because he is afraid everything will be the same.

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3 Lawyer Answers

Regina Irene Edwards

  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: There is not enough information for anyone to answer this. The question was posted from Louisiana, so there may be jurisdiction concerns. We also don't know if there is a custody order in place or where that is. The fact that your ex is not the biological father may or may not be relevant. Generally, if there is a court order in one state, and one of the parties still lives there, that is where any new litigation has to be.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV

  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. There are facts to this case that we would need in order to provide you with direction. You may want to consult with an attorney who can review the facts and provide you with options. -Homer P. Jordan IV, Esq. 404-620-1558

Kim Ebert

  • Lithia Springs, GA
  • Licensed in Georgia

A: Well, as an attorney noted this was posted from Louisiana. The good news is that as it appears the child's father - whether or not he's the biological father sounds to be irrelevant from what you've written - it sounds like the father and the child's primary residence is in Georgia. Georgia has specific law regarding a child's desires of where to live after a certain age and whether or not the Court will consider them. Whatever the situation, you need to consult with a competent attorney where jurisdiction of the divorce (and custody and visitation situation lay).

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