Q: My teenage children want to file an affidavit of election. Can they file without an attorney?
I live in Muscogee County GA, their father lives in Heard County GA. They're 14 and 16, and want to live with me in Muscogee County. Is this something that we can file without an attorney? Does it matter if their father doesn't want them to move here? He has no grounds to contest this election other than he just doesn't want them to leave.
A: There's so much information missing from here that it's hard to provide advice. If there is an order granting the other parent custody, you don't simply file an election for change of custody. You have to file for a modification. Then you must have the custodial parent served. They then can file an Answer and you then would move forward with your case with any other relevant filings. And the custodial parent does have grounds to contest if they feel this is not in the best interest of the children.
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