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Georgia Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Probate for Georgia on
Q: 17 year old laws on partial parental consent to leave home

I'm 17 (living in georgia) and I have my father's consent to move out on my own, but not my mother's consent, am I still able to leave? Does it need to be unanimous, or is it ok if you only have ones permission. I've been reading up on GA law and under Georgia Code - 15-11-2 ,... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 5, 2021

OCGA Section 15-11-2(10) states:

(10) "Child" means any individual who is:

(A) Under the age of 18 years;

(B) Under the age of 17 years when alleged to have committed a delinquent act;

(C) Between 18 and 21 years of age and receiving extended care youth...
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1 Answer | Asked in Family Law, Juvenile Law and Social Security for Georgia on
Q: i am 17 and am filing for emancipation and i need advice

hey so first i have read all these questions and i have sou lawyers answers dont leave one like that for me OK.

ok so i am going to court against my mom because she is calling the cops on me saying i am a runaway but i have proof that i was home. she filed an ungovernable on me because i... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 6, 2021

Dear friend,

I was unable to identify any specific question that you have. It sounds like your teenage years have been quite difficult. As I don't have the full story, I highly recommend you seek advice from someone local that you can visit with in person and tell them your story....
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1 Answer | Asked in Divorce, Child Custody, Child Support and Juvenile Law for Georgia on
Q: i dont like living with my mom. she always yells at me. will me or my dad get in trouble if i run away to his house?

i have lived with my mom since my parents got divorced. i have thought about running away so many times. she always yells at me and is always super mean to me and my brother. im 14, and my brother is 10. we both want to live with our dad. but he is really far behind in child support.

Homer P Jordan IV
Homer P Jordan IV
answered on Jan 27, 2021

I’m sorry to that you are not happy at home with your mom. At 14 you can’t just run away and decide where to live. Your dad could consult with an attorney to see if there are options for him to get primary custody. Try talking to your mom about the problems and see if it helps.

1 Answer | Asked in Juvenile Law for Georgia on
Q: 17 and wanting to get out of my house

I'm 17 and in a bad house hold. I'm emotionally and mentally abused and on the edge of suicide daily. This is one of my last hopes to find a way out. i have a job but my dad wont let me work enough to support myself. I would have a place to live if i got emancipated. I know my dad would... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Jan 25, 2021

I’m sorry to hear you are going through this. At 17, you have to live where your parent say you can live. Once you turn 18 then you legally an adult and can live where you want to. You should go see your school counselor to discuss your home issues and suicidal thoughts. You may be able to get... View More

1 Answer | Asked in Juvenile Law for Georgia on
Q: At the age of 19 can my mother make me move back in with her & send me to rehab
Regina Irene Edwards
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answered on Jan 12, 2021

No. But it sounds like she wants to help, so you should let her.

1 Answer | Asked in Civil Rights and Juvenile Law for Georgia on
Q: I'm 17 and live in GA. I want to leave the house but my mom will report me as a runaway. What can I do?

I have a place to stay for a few days. I just need a break for that time, but my mom won't let me. We got in a yelling match and she slapped me.

Homer P Jordan IV
Homer P Jordan IV
answered on Dec 29, 2020

I'm sorry that things are not going well, but until you are 18 you have to stay where she says. If there are problems perhaps speak with your counselor at school. Once you are 18 you will be able to move out.

1 Answer | Asked in Juvenile Law for Georgia on
Q: What are the options of a 17 year old being in a very unsafe home in georgia?
Homer P Jordan IV
Homer P Jordan IV
answered on Dec 9, 2020

If you are in danger then you should contact the police. If it’s not immediate danger you may want to speak with your guidance counselor at school. You can also reach out to child protective services.

1 Answer | Asked in Juvenile Law for Georgia on
Q: In georgia is a 17 year older legally allowed to leave home when the home isn’t safe and move somewhere safer?
Regina Irene Edwards
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answered on Dec 7, 2020

No.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Q: I am raising my 20 month old cousin, his mother left him when she turned 18 ,she moved back in with her mother whom lost

Her children I am raising them as well. Now the mother of the 20month old wants to terminate our temporary guardianship. We havent heard from the baby's mother in over 8 months we go to court in January what chances done have keeping him

Samantha A Holloway
Samantha A Holloway
answered on Nov 30, 2020

Typically a temporary guardianship can be revocable at anytime by a biological parent. If you would like to retain custody, you should speak with a lawyer to discuss other options available to you in Juvenile or Superior court.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Georgia on
Q: If my grandmother has custody of me and my mom won't let me go back to her what should I do?

My grandmother got custody of me when I was 7 months and (I'm 16 now). I've lived with my mom for the past three years and she always tells me I'm not going anywhere and that I can't go back and live with my grandma. I don't like being with my mom. I always hide my feelings... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Nov 18, 2020

If your grandmother has full legal custody of you then she can take action to have you go live with her. Have her consult with an attorney or call the police.

2 Answers | Asked in Child Custody, Child Support and Juvenile Law for Georgia on
Q: Is there a law in Georgia that states a divorced parent can't move out of state?
Samantha A Holloway
Samantha A Holloway
answered on Nov 8, 2020

I’m not aware of a law that prohibits a divorced parent to move out of state. However most parenting plans contain a provision that requires parents to notify each other in advance when they are moving.

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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Military Law for Georgia on
Q: I am 17 years old enlisted into the active army and will graduate in dec 2020 can i leave my moms home?

My DFCS case has been closed after almost 2.5 years. I enlisted in the army July 9th 9 days after my 17th birthday June 30, i am trying to leave home right when i grader Dec 18th 2020 legally and without any consequences due to my army contract !!

Regina Irene Edwards
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answered on Oct 23, 2020

You are are minor until age 18.

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: As a grandparent I have permanent guardianship over my 2 young grandchildren ages 6 and 8.

Can their father who has not legitimized either child take us back to court to modify the guardianship order because he misses his kids and demands we let him take them for overnight stays 4 hours away? Mind you he is a drug user and states he has been “sober” for 10 months of which we cannot... View More

V. Joy Edwards
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answered on Oct 18, 2020

You are within your rights to deny visitation that is not court ordered. He may take you back to court to try to get an order giving him visitation. I would advise that you contact us to schedule a consult so you can be prepared if this does happen.

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3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Live in GA, son 15, smokes marijuana, defiant and wants to come and go as he please.

Can he be legally be put out and will the police come out him out?

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 2, 2020

Your 15 year old is your responsibility until he is an adult. You may want to explore options of having him declared delinquent through the juvenile court if you are unable to control him.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Any legal way to move out at 17 that isn’t emancipation? I’m in Georgia by the way.
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Sep 28, 2020

You would need the permission of your parent/legal guardian. Emancipation is accomplished by turning 18 years old, getting married or enlistment in the military full time.

We wish you well.

-The Upshaw Law Firm, LLC.

2 Answers | Asked in Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: I am 13 and i dont want to live with my mother and her boyfriend

I want to live with my dad because my mom's boyfriend verbally abuses me and i have witnesses and he does it front of our home camera whatv happens if i run away to my dad's house.He also brags about beating me to his friends on the game and calls me dumb a** ,stupid and sometimes retarded

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Sep 8, 2020

Your circumstances are unfortunate. Your father should file for modification in child custody. It is best that he contacts an attorney who can assist him with the case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Georgia on
Q: I am 16 in two months. Will I have to wait until 16 to file for emancipation, or can I file now and be approved later?

From everything I researched the process can take 4-6 months, and I need to be out of their guardianship asap. I haven't been staying with them for the past 2 weeks, and I've been kicked out twice. I have lots of witnesses of physical abuse, and I can prove I'm mentally, financially,... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Sep 4, 2020

You do not have to wait to file the Petition for Emancipation. It may be best to contact an attorney who can assist you with the specifics of your case.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: If I am 17 years old and I have graduated High School, do need parental permission to get a job?

My birthday is 11/30/2002 and I am wanting to move out right at 18.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 31, 2020

Yes, you need parental consent until you reach the age of 18.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Criminal Law, Domestic Violence, Juvenile Law and Sexual Harassment for Georgia on
Q: A 37 year old is sending one of my 16 year old children lewd letters and calling them from jail.

I would like for this predator to stop talking to my child. What can I do?

Joshua Schiffer
Joshua Schiffer
answered on Aug 28, 2020

Call The Warden at the jail and file a complaint. That should make quick work of it. They may also be able to charge them with a policy violation or even new charges, depending on the dynamic. Thank you for protecting your child.

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