Legal Question in Family Law in Georgia

what age can a child dicide who they want to live with

what age can a child choose who they want to live with


Asked on 2/17/07, 6:36 pm

2 Answers from Attorneys

Stephen Worrall The Manely Firm, P.C.

Re: what age can a child dicide who they want to live with

Under current Georgia law, the age of election of a minor child is 14. Unless the parent selected is unfit, the election is binding on the court. Between 11 and 13, a child's preference must be heard by the court but is not required to be followed.

The legislature is considering a bill which would change this and replace the binding election after 14 with similar language for the 11 to 13 year old now.

You may wish to discuss the case further with a family law attorney to evaluate the case and decide how and if to proceed. Please let us know if we can be of service to you.

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Answered on 2/18/07, 8:34 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: what age can a child dicide who they want to live with

A child has no absolute right to choose until age 18.

At age 14, the law allows a child, in a custody case, to express a preference, which the judge will follow unless he finds it not to be in the child's interest.

Contact me to discuss details if you are in or near metro Atlanta, or if the other parent is.

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Answered on 2/17/07, 10:31 pm


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