My son wants to live with me

[Jaxle67]

Hello everyone. I am new to this board and wanted to get a little help on what to do. My story basically is that my ex wife who my son lives with has never been a very stable parent. She has never held a job for more than a few months at a time in the 15 years ive known her. She has a boyfreind on and off for the past 6 years who also doesnt work. They never have lived in a place for more than a year at the most at a time and have lived with freinds family or whoever they can find at the time. my ex and her boyfreind are constantly fighting breaking up going seperate ways for a short period and end up right back together. Currently thgey are split up and my ex wife along with my son and her daughter are with my exs parents. I have always paid her child support without fail even though i was never ordered to do so. She recently had her truck repo for not making a payment in over a year. Im tired of my son having to live like this not knowing which school he is going to go to where he is going to live and the constant fighting between my ex and her boyfreind. My son whom is 14 years old wishes to come live with me . I have always been employed and always have had a permanent residence and means of transportation. My exs parents even agree that he should be with me .Where should i start. I have endured 14 long years of this and desperately want better for him and me for that matter. Some advice please . Im lost and nervous about the war that is going to start over this. She wouldnt mind handing him over if the child support continued but without that money she couldnt survive Jesse

[Fatheroffour]

Hopefully you live in Georgia, which considers a childs wishes at 14 presumptive as well as a change of circumstance. If not, what state as those who have gone through modification in that state with teen will be able to better help you.

[Jaxle67]

Yes i forgot to mention that i do live in georgia

[nighthawk]

You know, a parent has to provide a stable home in this state! Maybe you should go with that! Get evidence

[Anything4Her]

Hopefully you live in Georgia, which considers a childs wishes at 14 presumptive as well as a change of circumstance

i do live in georgia

Then it's simply mechanics. Your son will need to be willing to talk to the judge about his wishes.
You probably can do this pro se to keep costs down. File a motion to change custody and to cease child support.
Get it in front of the judge.

If the ex kicks up a fuss, threaten to come after her for child support. Even if she is not working she will be imputed minimum wage.

[Fatheroffour]

Pursuant to O.C.G.A. § 19-9-3, (5)-(6), in all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitutes a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.

File immediately. Mom would be a fool to spend a fortune attempting to fight it.

Congratulations.

[Fatheroffour]

http://legalaid-ga.org/documents/cluste ... upport.pdf

or a form just like it is what you need to file. Pay particularly close attention to line 10, box b. Have the child also fill out an affidavit and have it notarized. I'd also pay a local attorney for a consult and then its likely time for son to pack his stuff and move.

[Jaxle67]

Ive decided to drop the custody bombshell on my exwife this saturday. As if i didnt have enough ammunition against her she went and helped me further along. Tuesday morning her and her so called boyfreind were out riding in a borrowed car without the kids thank god and he was high as a kite her also probably and had a wreck. No liscence no insurance and doped up. Noone else was injured but certainly could have been. Ive should have done this long ago but didnt know the situation was this bad. But im doing it now. Thanks for the advice guys Jesse

[Fatheroffour]

That's certainly helpful but likely not needed. The childs choice is presumptive. The state has determined he is old enough to make the choice.

IMO, he can pack his bags and come now and you can sort out the paperwork later.

That's what I would do.