Monday, 1 September 2014

My divorce was granted in Georgia in 2005, however at the time my soon-to-be former spouse knew I would move back to Alabama to be near my f...

Question

My divorce was granted in Georgia in 2005, however at the time my soon-to-be former spouse knew I would move back to Alabama to be near my family. I have lived there ever since. My divorce attorney said nothing to me, nor is there anything in the decree about my child choosing where he can live when he turns 14. Alabama doesn't have such a law as far as I know. Is that applicable in my situation since I and my children have not lived in the state for 10 years?



Answer

Georgia does not let children choose. However, nothing prevents a parent from seeking a change in custody, and, at least in Georgia, the election of a 14 year old is considered. Since you asked Georgia attorneys and not Alabama attorneys, we can't tell you in Alabama allows such elections. Repost in the Alabama part of LawGuru (that means use Alabama for your location) so Alabama lawyers see it.



Answer

I agree with Mr. Ashman that you may want to speak to an Alabama attorney. I would also review the paperwork. Most agreements say Georgia law is applicable so it may be necessary to take your divorce documents to an attorney to have them reviewed.



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