Kids Rights?

What is the name of your state? Georgia

My friend filed for divorce and his son wants to live with him.

To retaliate my friend's wife take a restraining order against him putting him out of his property and not allowed to see his 16 year old child. This has been done based on lies to make my friend look bad.

The problem is that his 16 years old son is now being threat by his mother to go in juvenile home and all other kind of threats to make him chose his mother.

What are this childs right?
Could he go to the hearing for the restraining order and express himself.

Can the judge at the final divorce hearing force him to live with is mum?

Thanks for your help

[stealth2]

At 16, the judge will likely give his wishes a fair bit of weight. But he doesn't get to "choose" until he's 18. So, if Dad wants custody, he will need to show why he is the more fit parent.

[Whyte Noise]

I don't mean to step on your toes here...... ya know I luv ya .....

But in Georgia, a child at the age of 14 has the controlling factor in custody decisions.

[url]http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/19/9/3[/url]

"19-9-3 G
*** CODE SECTION *** 12/03/01
(4) 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 shall be
controlling unless the parent so selected is determined not to be
a fit and proper person to have the custody of the child."

In other words.... unless the parent the child selects to live with can be PROVEN unfit, then the child's decision is the controlling factor. The judge, by statute, is required to place the child with whom the child designates. So, according to Georgia statute, the friend's 16 year old son can say he wants to live with his father, and the judge is to abide by that decision, unless the father is proven unfit.

[stealth2]

Well, I learn something knew every day!

Tho at 16, I do think more weight should be given than at, say, 12 I'm not sure I agree that the kid should have total say. Too easy to make the "fun" choice (and I'm not saying that's the case with the initial poster) rather than the choice that's in their best interests.