Legal Question in Family Law in Georgia

In the state of Georgia is there any certain age at which a minor child can decide for himself which parent he wants to live with


Asked on 12/16/09, 10:02 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

By himself, age 18.

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Answered on 12/21/09, 10:18 pm
Paula McGill Attorney at Law

I'm not quite sure why the previous attorney asked the question in that way. In any event,

at the age of 14 a child has the right to select the parent with whom he want to live. If you need further information after reading the two sections (5) for 14 and over and (6) for under 14., please contact me.

OCGA 19-9-3 states in part - (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.

For younger children, they can voice their desires see (5):

(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.

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Answered on 1/02/10, 9:57 am


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