Hephzibah, GA asked in Child Custody, Divorce and Family Law for Georgia

Q: Divorced in GA & now dependents live in SC, divorce decree says joint custody. What are my rights?

I live in GA my ex wife moved to SC with our kids. Our divorce decree states we have joint custody but she won’t allow me to see them. Does the divorce decree still hold up? Is she in violation of the decree orders, or does the rules change since they’re in another state? How can I get my visitations? P. S. My son wants to live with me & is now 16.

2 Lawyer Answers
Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The divorce decree is valid in all 50 states. You can apply to modify the order in Georgia. Georgia allows children 14 and up to pick the parent with whom they wish to live.

1 user found this answer helpful

Ellaretha Coleman
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Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You can file a contempt or a modification of custody in Georgia, if that is where the original divorce decree was issued. As Attorney Edwards stated, a child over the age of 14 can elect which parent they want to live with in Georgia.

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