Legal Question in Family Law in Georgia

If my dad got legal custody of me when my parents divorced when I was 11, and now that I am 15 and I HATE living with my dad, do I have the ability to go live with my mom?


Asked on 9/27/09, 8:29 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

OCGA 19-9-3

(5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.

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Answered on 10/03/09, 12:35 am


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