I received custody of my son a little over two years ago, we live in Georgia. His mother was not providing a good environment for him. She drank often. She visited him in our town and had a hotel room for the visit, I had to pick him up the same evening due to her being drunk. She has driven him around drunk. He witnessed her using drugs, she spent the night with boyfriends taking him with her. She received a DUI. He failed 1st grade while with her. During other grades he had failing marks on report cards. I sued for custody and won. I do not believe she is drinking any more or using drugs but she is still sleeping over at boyfriends house.
My son is now 14. He does not like my rules and now wants to live with his mother. I insist he does his homework and makes the best grades possible. I insist he make good decisions and always try to do his best. He feels school is not so important, it is a job to keep him in line. She is encouraging him to come to live with her because she feels I am to strict. She already raised one son who is 22, has been in and out of trouble with the law, has a ongoing drug problem. She herself is financially unstable. Single, Her bill collectors have been calling my home on and off for 8 years, she does not provide good advise to him. I could go on and on.
My question is: With house bill 369 in effect Jan. 1, 2008 can my son just go live with her based on his and her reasoning? Past law allowed that to happen but I interpert the new law not to allow this decision based on all these facts.

She would have to file in court and convince the judge to change custody again. He is old enough for the judge to listen to his testimoney but judges (despite what some people might think of them) are pretty smart people and tend to make the right choice for the child. He is still a minor so can not just choose where to live.