Legal Question in Family Law in Georgia

Re: age to chose

At age 14, the child can express a preference which, while not binding on the court, will usually be granted unless it would be in the best interest of the child to do otherwise.

Age of Preference

In all custody cases, a Georgia statute allows a child, who is 14 years old or older, to have the right to choose the parent with whom the child wants to live with. The child's selection controls unless the parent, who the child has selected, is not a fit and proper person to have the custody of the child. Cases in courts have also decided that the child's choice is allowed unless there's proof that the selected parent is not fit to have custody.

Re: age to chose

There is NO age at which a child in Georgia has an absolute right to choose.

At age 14, IF there is a case in court, a child does have a right to express a preference, which the court must consider (but can for cause overrule).