Legal Question in Family Law in Georgia
Minor Child
What age does a minor have to be to decide where he/she wants to live in the state of Georgia?
2 Answers from Attorneys
Re: Minor Child
If you mean at what age a minor's opinion is considered in awarding custody where the child's parents no longer live together, the law recently changed; therefore, it depends on when the divorce action was filed. If the action was filed in 2007, a fourteen year old child's opinion will be considered. If the action is filed in 2008, an eleven year old child's opinion will be considered, and the wishes of a fourteen year old child are likely to be honored, provided that the parent selected is regarded as suitable.
Re: Minor Child
A child 14 or older may still express a preference, but the Court is no longer required to follow that preference if it finds the choice is not in the child's best interest. For more information on the new law which is effective for cases filed after January 1, 2008, see my blog at http://www.gafamilylawblog.com/family_law_legislation/index.html