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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Georgia, and have been divorced for 13 years. I have

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I live in Georgia, and have been divorced for 13 years. I have one child, age 16. My ex and I share joint legal and physical custody. He has paid child support all of that time, but now has sued for modification, actually to completely do away with the support because he says he's now broke. He was a commercial real estate developer.. My son does not want to live with his father at all, and has aked me file an action with the court so he lives only with me. The stepmother is very difficult and screams a lot. Can my son legally decide he wants to live with me , and how will that affect child support? I am married and do not work. I have no income.
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

The child's preference is taken into consideration but is NOT the deciding factor. Judges know that often, children will want to live with the adult that allows them the most freedom but is not necessarily the best custodian, so while the children's preference is noted, it does not define the judgement for custody.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 7 years ago.
what about the suit he has filed against me for child support modification? He is saying that since Michael currently lives with both of us, it's a wash, he shouldn't have to pay anything. But if XXXXX XXXXXves with me, that changes things for him.
Expert:  Ely replied 7 years ago.
Okay, who do the ORDERS say he lives with, and who does he live with really?
Customer: replied 7 years ago.
The Order says we have joint physical and legal custody. My son does not want to live there though and has asked me for years to let him live only with me. I always said no, that wasn't in his best interest until lately when I have realized how unhappy he is.
Expert:  Ely replied 7 years ago.
Joint, yes, but who has majority custody? Or is it even 50/50?
Customer: replied 7 years ago.
50/50 currently. My son told his father two weeks ago he wanted to live with me, he was tired of going back and forth, his stepmother was controlling, that he did not feel a part of his Dad's family, and that his Dad never spent any time with him, that all he did was babysit the younger children. His Dad said he wouldn't allow our son ony to live with me, and as a compromise, our son said he would go over to his Dad's every other weekend and every other Wednesday. His father still said no. He doesn't want to pay child support. I can't tell my son that is the real reason, it would hurt him.
Expert:  Ely replied 7 years ago.
Okay. Again, the sons' preference is an element in the decision, but does not control the Court's outcome. As for child support, the Court will very likely not order any back child support at all on this matter, and will then just set child support ongoing from that point to the parent who is not the main custodian.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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