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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am a 14 year old girl who lives with my mom during the school

Customer Question

I am a 14 year old girl who lives with my mom during the school year and goes to my Dad's two weekends out of each month and most holidays. I have wanted to live with my dad all along but the Judge when my mom remarried and moved set the schedule the way I said above before she moved I split weeks with both parents and holidays etc. Now that I am 14 years old can I tell the Judge I want to move back to my home with my Dad for permanent for school and summer. I still want to go to my mom's when I can but if I have something at school I am involved in I would rather make the choice of when I go if it does not work out all the time. Do I have any say in where I live at my age as I don't want my parents to have to go to court again and have the expense for lawyers etc. I would rather talk to a Judge myself and see if he or she will consider my feeling. Both of my older sisters live near my dad not my mom who is 3 hours away, both of my grandparents on both side live near my dad and all my aunts and uncles and cousins do as well. So can any of you help Me?
Thanks Emilee
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question, Emilee. Please permit me to give you a direct and honest answer to your question. But please do not blame the messenger if the answer is not quite as you hoped.
Because you are a minor, your opinion as to where you want to live is usually not considered with serious weight by the judge. Only one state, Georgia, grants minors 14 years of age or older the right to pick where to live so long as both parents are evaluated by the courts and found to be 'fit' and able to care for you. If you live outside of Georgia, your father can file for a 'modification of custody' and ask you to speak in front of the judge, but I must be clear when I say that while a judge can take your opinion into consideration, the judge is also free to disregard it. You also cannot speak to a judge yourself--a judge has to hear that case once it is filed, and is on docket, meaning that one of your parents has to file it. Your parents do not have to use attorneys if they do not wish it, but custody CANNOT be changed outside of going to court. If you want to live with dad, have him file but perhaps discuss it with your mom first so that if he does file, your parents do not fight and come prepared with a compromised petition to show the judge instead.
Hope that helps.
Dimitry, Esq.