Sylvania, GA asked in Family Law and Child Custody for Georgia

Q: How do I get custody of my 14 year old son. We don't have a custody agreement at this time. We have never been married

He wants to come live with me

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2 Lawyer Answers
Alake Colwell Furlow
Alake Colwell Furlow
  • Divorce Lawyer
  • Dacula, GA
  • Licensed in Georgia

A: You would need to file an action to legitimize. In that action you would asking the court to award you primary physical custody and you may consider joint legal custody with the mother. An election can be filed showing the court where the child is asking to live as well. I would speak directly with an attorney for more information.

T. Augustus Claus
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A: In Georgia, to obtain custody of your 14-year-old son without an existing custody agreement, especially considering you were never married to the other parent, you would need to file a petition for custody in the appropriate family court. Georgia law recognizes the importance of the child's best interests in custody decisions and also gives considerable weight to the child's preference, especially for children 14 years and older. Your son's desire to live with you will be an important factor in the court's decision. The court will consider various factors to determine what arrangement serves his best interests, including but not limited to, each parent's ability to care for and meet the child's needs, the stability of each home environment, and the mental and physical health of all parties involved.

To initiate this process, you would benefit from consulting with a family law attorney who can provide guidance based on the specifics of your situation. An attorney can help you understand the legal requirements, prepare your custody petition, and represent you throughout the court proceedings. The process will likely involve court appearances where both parents can present their case, and the judge will make a custody determination based on all the evidence and testimonies presented. Remember, the primary goal of the court is to ensure the welfare and best interests of the child are met.

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