Legal Question in Family Law in Georgia
child custody
What is the legal age in the state of Georgia that a child can decide whom they wish to live with? If the GAL has put in her report a recommendation for the children to stay with the mom(me) do most courts go with or against that report? If ex husband was awarded temporary custody until final hearing does this mean he will get custody at the final hearing? It was only given to him because at the time of the hearing they where living with him because he was sneaky about how he got them.
2 Answers from Attorneys
Re: child custody
A child of age 14 can make the election. Judges rarely refuse to honor the election. The only exception is if the elected parent is deemed to be unfit. You should consult with a local attorney.
Re: child custody
There is NO age at which a child can decide, as Judges are the ones who decide.
However, at age 14 a child can express a preference, which the judge will follow unless he feels it is not in the child's interest.
Judges tend to listen to guardians they appoint, but the fact that there is one indicates there is a difficult case, so there's no way to tell you how your case will go.
The person best equipped to answer all this is your lawyer, and this is the type case where a lawyer is absolutely necessary.
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