Legal Question in Family Law in Georgia

What age does a child have to be to decide which parent they want to live with

Asked on 9/08/13, 6:26 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office

In Georgia: 18. Children cannot decide before that age.

Note that a 14 year old can, IF a parent files a custody case, express a preference in that case. The law says the judge must consider the preference, and is to abide by it UNLESS he/she deems it not in the child's interest. Note that even if the judge does follow it, a judge can somewhat thwart the decision by how visitation is allocated.

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Answered on 9/08/13, 7:54 pm

Tahira Piraino Tahira P. Piraino

A child 11 - 13 can express their wishes and the Judge can take it into consideration. I child of 14 can elect to live with a parent and it is considered a change of circumstances for the elected parent to file for a change of custody. The Judge takes into consideration the election of the 14 year old but still makes the decision based on the best interest of the child.

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Answered on 9/08/13, 8:05 pm

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