))
Custody Conflicts: What Affidavits of Election Really Mean.| Lawyers Without Billboards - Ep 10
Manage episode 482881639 series 3650459
Content provided by Shewmaker & Lewis. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Shewmaker & Lewis or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
What happens when a teenager wants to live with the other parent? Can a child simply sign a paper and shift custody? If you're confused about affidavits of election, you're not alone—and this episode of Lawyers Without Billboards breaks it all down with clarity, insight, and a bit of laughter.
Your hosts—attorneys Steve Shewmaker, Patty Shewmaker, Jimmy Lewis, and Alexa Lewis of Shewmaker & Lewis in Atlanta—dig into the real meaning of these affidavits, how Georgia law treats them, and the ethical (and emotional) minefields involved when children are caught in the middle of a custody battle.
In this episode, you'll learn:
- What an affidavit of election actually is
- At what age a child’s choice holds legal weight in Georgia
- Why judges may not follow a child’s wishes—even when the affidavit is valid
- The difference between a ticket to court and a ticket to a custody change
- How parents sometimes misuse these affidavits—and what courts think of that
- Tips from the attorneys on how they personally handle these cases with kids
- When affidavits can help—and when they might backfire
Along the way, the team shares real-world stories from the courtroom, talks through strategy, and offers candid perspectives on how best to balance legal strategy with a child's best interest.
Whether you're a parent navigating custody or just curious about how family law really works, this episode offers a grounded, eye-opening look at one of the most misunderstood tools in domestic law.
👨⚖️ Hosted by Shewmaker & Lewis, Atlanta-based attorneys helping families navigate divorce, custody, and criminal defense—with zero billboards and zero BS.
🎧 Available on Apple Podcasts, Spotify, Google Podcasts, and more.
👉 Visit us at https://www.shewmakerandlewis.com for legal resources, case consultations, and future podcast updates.
📩 Contact: [email protected]
00:00 - Intro: No Billboards, Just Real Lawyers
01:18 - What Is an Affidavit of Election?
02:13 - Age Requirements & Legal Weight
03:09 - What Judges Really Consider
04:10 - Why a Judge Might Say “No”
06:24 - How Attorneys Handle Children Signing Affidavits
08:47 - Does the Child Need Their Own Attorney?
10:21 - The Ethics and Risks of Affidavits
11:16 - Can a 14-Year-Old Refuse Visitation?
13:03 - Prater v. Wheeler and Legal Misunderstandings
15:38 - Judges and the “Best Interests” Standard
18:33 - When Affidavits Are Your Only Option
20:18 - Abuse and Misuse of Affidavits
22:32 - Wrapping It Up: Our Thoughts and Real-World Stories
#FamilyLaw #ChildCustody #AffidavitOfElection #GeorgiaFamilyLaw #CustodyModification #DivorceLaw #ShewmakerAndLewis #LegalAdvice #FamilyCourt #LawyersWithoutBillboards #LegalPodcast
10 episodes
Share
