Where do I obtain emergency ex parte forms for custody of my son. Is this something I can do without representation ?

Asked about 3 years ago - Villa Rica, GA

My son is 13. he lives in another state; He is unhappy with his mom & has expressed running away many times. he wants to reside with me. he is visiting during the summer & does not wish to return to his mom.

Attorney answers (1)

  1. Eric Alvin Ballinger


    Contributor Level 11

    Answered . This is not something you can handle without an attorney. First, you are going to have to determine what jurisdiction you need to modify custody. That is going to be based upon where the divorce was granted or the last order of custody was issued. Second, you will have to file a petition and have the mother served in the state of her residence. Based on the facts presented above, most courts will not consider this an emergency and under Georgia law, the election of a thirteen year old is not in and of it self a sufficient basis to modify custody.

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