Question:
Can I file a motion to modify child custody on behalf of my minor child?
My son wants to live with me, and I think my ex-wife would be less likely to fight it if our child was the Plaintiff and not me.
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child custody laws where I am licensed to practice.
If you are able to file on behalf of your son you will still be listed as the Plaintiff. However, in most jurisdictions, a child cannot file for an action for modification of custody.
Based upon divorce and child custody laws where I practice, an election from a child between the age of 11 and 14 is given less weight than one from a child over the age of 14. The key is that the child has to have a logical reason for changing the present support and placement.
Choosing Mom or Dad:
I am unsure as to whether your state’s child custody laws provide for such elections and involvement of the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.
