I want to live with my dad but my mom won't let me. What do I do?

Asked over 3 years ago - Snellville, GA

I just need to know what I need to do in order to live with my dad. He says I would need to get emancipated but is there anything else I can do?

Attorney answers (3)

  1. Sean Aaron Black

    Pro

    Contributor Level 12

    Answered . There is nothing that you can do as an unemancipated minor.

    Your father can bring an action for change of custody against your mother. Depending upon your age, your election of custody is a change in condition allowing a change of custody and a factor the judge can consider in approving a change of custody. The judge would still have to determine that your best interests supported living with your father in order to make the change.

  2. Douglas John Hassinger

    Contributor Level 11

    Answered . Your Dad is not entirely correct - if you are 14 or above, you can choose where you want to live. You would need to file an "affidviat of election" - in your DAD'S case to modify custody. So long as the judge decides that it is in your best interests (which at 14 they typically do), you can go live with your Dad.
    PLEASE NOTE: your Dad would have to file for a modification of custody, based on the change in circumstances created by your affidavit
    Have your Dad contact an attorney, and both of you go to see him or her - they can explain exactly how it works

    I wish you the best of luck,
    Doug Hassinger

  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . You can't do anything. Your father, if he wants custody, can file a case. Depending on your age, you may be asked how you want that case to turn out.

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