Q: I have primary custody, my son has depression, and he no longer wants to go to his mother's home. What can I do?
My son is 11, and his therapist allows him to choose whom he wants to bring to therapy with him. He told her his mom gives him anxiety so he doesn't want her there. His mom yelled at him and told him she doesn't care she is coming anyways. This adds to his anxiety and depression, enough that I think its a danger to his mental health. He has expressed to me and my wife that he no longer wants to go to his mother's house, and I believe it would be against his best interest to continue going there because I believe she contributes to his negative mental health. Is that the same as contributing to negative physical health? This seems to me like it could be a dangerous situation for him. Is there a case in Georgia to set precedence that a parent has lost custody for these same reasons that I am stating that she should lose custody? What steps can I take?
A: At 11, a child can express a preference regarding which parent they want to live with. You should consult with a family law attorney about filing for custody.
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