Legal Question in Family Law in Georgia

14, but it still has to approved by the judge.

Charles Field is incorrect.

A child cannot choose until age 18.

If there is a court case between the parents, a child, if asked, can express a preference starting at age 14, and while the judge must consider that preference, the judge must approve it for it to have any effect.

If you are 14 or over and the noncustodial parent knows your wishes, (s)he can file a motion to change custody. Thereafter the judge is required to comply with OCGA 19-9-3(5). A child 14 years and over has greater ability to have the custody under the subsection.

If you are 11-13 years of age, 19-9-3(6) applies. Both subsection have been quoted in full.

If you want your custody changed, the first step is to talk to the noncustodial parent. That parent should consult with a lawyer about your wishes.

OCGA 19-9-3 (5) and (6) state the following:

(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.

(6) In all custody cases in which the child has reached the age of 11 but not 14 years, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard shall be controlling. The parental selection of a child who has reached the age of 11 but not 14 years shall not, 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. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate.