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Child wants to live with non custodial parent

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My husband and I live in Georgia and have been married for 10 years. My stepdaughter is now 13 years of age. From the time her father and I started dating I noticed she would cry EVERY time we took her back home from her weekend visits. She has said for years that she wanted to live with her daddy. She has a stepfather that has been abusive to her mother and has a very quick temper so naturally my stepdaughter is scared of him. About 5 years ago they up and moved to the other side of the state from us (without notifying my husband of this move until they were already there). Because of the distance now my stepdaughter does not get to come as often but that has not stopped her from wanting to come live here. Her mother even told her several months ago that when she got ready to live with her daddy she could go but low and behold when she(my stepdaughter) told her mother she was told no and that she could when she turned 18. We have been told that the age is 14 in Georgia. She will be 14 in a few months and we need to know how to go about changing the custody. She is very miserable there with her mother and still cries most of the way home everytime we take her home. Would a judge take that into concideration as to where she can live?



I don't know if there is a law in Georgia that states a particular age that a child can make his/her own decision as to where which parent that live with. Our attorney told us a few years ago that here in Minnesota there is not any specific age that a child can make this decision, but that the Court Officer and Judge would be the ones to determine whether the child was mature enough through their various interviews and investigations. The other thing I would suggest you think about is that she says she wants to live with you, but is it just that the grass appears greener on the other side to her right now. She may come to live with you, but I have learned that daughters and bio mothers have an extremely strong bond....no matter what the circumstances! So, what I am saying is, if she does make the move, you and your husband may be in for some disappointment in the future....maybe not! Also, the mom may fight this if you go to court, so you would be looking at some costly legal fees as well. Don't mean to sound so negative, but I have been there and done that!

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