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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Does a 13 almost 14 year old have a legal right to leave ...

Customer Question

Does a 13 almost 14 year old have a legal right to leave his mothers house (TN) and move to his biological fathers house in GA?
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.
Hello,

A court order must be followed until it is modified.

Typically the court will give great weight to the preference of a 13/14 year old.

Generally speaking child custody/parenting plans/visitation can always be modified by the Court based on the best interests of the child. However, grounds for modification must include a change in circumstances that significantly impacts the best interests of the child. A change in the preference of a 13 year old should suffice.

Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child and the child's reasons for requesting the change.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLANDNYLAWYER

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Customer: replied 8 years ago.
Reply to FLAandNYLawyer's Post: There is no court order. We were never married but I am listed as the biological father and have had visitation on general consent of the mother. Do I get a court order here in Ga or do I have to go to TN and family court?
Expert:  Ellen replied 8 years ago.
Hello,

The petition must be filed in the homestate of the child . The homestate is where the child has lived for the past six months. In your situation that would likely be TN.

I hope that this helps.

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