Legal Question in Family Law in Georgia

Legal Age To Chose

My child is 14 years old and no longer wants to live with his father. He wants to live with me. Can he legally chose which parent he wants to live with at this age?


Asked on 2/27/06, 3:34 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Legal Age To Chose

Not exactly.

If you file a petition for change of custody, he can express a choice in the case. The Judge generally will follow that choice by your son unless good cause is shown to disregard it.

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Answered on 2/27/06, 3:41 pm
Eric Ballinger Ballinger & Associates

Re: Legal Age To Chose

In the State of Georgia a child 14 years of age and older may choose which parents he or she wishes to live with, so long as taht parent is legally fit. In order to do this, there would need to be a petition to modify custody filed in the county which the child presently lives. Attached to that petition there should be an affidavit from the child indacting his or her election of which parent the child elects to live with. These cases usually are not complicated since the only gounds the court has to deny the child's election if there is evidence that the paret the child chooses to live with is unfit. "Unfit" is a pretty tough standard and hard to prove.

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Answered on 2/27/06, 3:44 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Legal Age To Chose

You should consult with an attorney. You will need to file a petition to change custody, and since this may put your child in a very uncomfortable situation if his father wants to make a stink about the situation, you will need to discuss how to protect your child. The child's wishes will generall be honored unless the father can somehow show that you are an unfit parent.

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Answered on 2/27/06, 3:48 pm


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