Legal Question in Family Law in Georgia

In Georgia a child 14 years of age or older has the right to elect which parent he or she wishes to live with. The Judge still has the right to review the selection and the best interest of the child standard is applied to the Judge's determination. In other words, the Judge does not have to follow the child's election. However, in most cases, the child's election stands.

The Judge shall consider the desires and educational needs of a child who has reached the age of 11, but not 14. However, the Judge has complete discretion as to how the child's wishes are to be considered.

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