EPISODE · May 15, 2025 · 27 MIN
Custody Conflicts: What Affidavits of Election Really Mean.| Lawyers Without Billboards - Ep 10
from Lawyers Without Billboards · host Shewmaker & Lewis
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 isAt what age a child’s choice holds legal weight in GeorgiaWhy judges may not follow a child’s wishes—even when the affidavit is validThe difference between a ticket to court and a ticket to a custody changeHow parents sometimes misuse these affidavits—and what courts think of thatTips from the attorneys on how they personally handle these cases with kidsWhen affidavits can help—and when they might backfireAlong 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 - Intro: No Billboards, Just Real Lawyers01:18 - What Is an Affidavit of Election?02:13 - Age Requirements & Legal Weight03:09 - What Judges Really Consider04:10 - Why a Judge Might Say “No”06:24 - How Attorneys Handle Children Signing Affidavits08:47 - Does the Child Need Their Own Attorney?10:21 - The Ethics and Risks of Affidavits11:16 - Can a 14-Year-Old Refuse Visitation?13:03 - Prater v. Wheeler and Legal Misunderstandings15:38 - Judges and the “Best Interests” Standard18:33 - When Affidavits Are Your Only Option20:18 - Abuse and Misuse of Affidavits22:32 - Wrapping It Up: Our Thoughts and Real-World Stories#FamilyLaw #ChildCustody #AffidavitOfElection #GeorgiaFamilyLaw #CustodyModification #DivorceLaw #ShewmakerAndLewis #LegalAdvice #FamilyCourt #LawyersWithoutBillboards #LegalPodcast
What this episode covers
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 th...
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Custody Conflicts: What Affidavits of Election Really Mean.| Lawyers Without Billboards - Ep 10
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