Can a Child select which parental to Live v in Georgia?

Depending top top a child's age, Georgia regulation may permit a son to influence where they desire to live.




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A kid as young together 11 year old deserve to have input concerning their physics custodian. In Georgia, children in between the eras of 11 and 14 may also have some input into their physics custody decision. In these cases, a referee may think about a child"s desires between 11 and 14 in identify which parent shall have custody. Uneven elections do by children 14 or older, the elections of children between 11 and also 14 space not as controlling. O.C.G.A. § 19-9-3 (a)(6).


At age 14, a child might elect which parental they desire to be their physical custodian. Georgia law provides: "In all custody situations in i beg your pardon the child has reached the age of 14 years, the son shall have actually the right to select the parent with whom that or she desire to live. The child"s choice for purposes of custody shall it is in presumptive unless the parent so selected is identified not to it is in in the ideal interests of the child." O.C.G.A. § 19-9-3 (a)(5). If there is a existing court order concerning the custody the a child, the choice of a 14 or older kid may also constitute a material change of condition or circumstances adequate to warrant a change or adjust of boy custody.


Although the election of a child 14 or older is presumptive about custody, the is not absolute. Even if a boy does selected to reside v one parent, the other parent might still current evidence come the court contesting the child"s choice as not being in the child"s ideal interest. If that parent effectively proves the the child"s choice is no in the child"s finest interest, the child"s election will certainly not it is in honored. However, it is difficult to get over a child"s election, and courts commonly honor the choice of kids 14 or larger in the lack of extreme circumstances.




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For a child to do an election regarding custody, they need to sign an choice Affidavit under oath that is then submitted come the court. If the child"s choice is uncontested and also the court find the child"s choice comports v that child"s best interests, the court will certainly honor the election.If the unelected parental contests the election, the child might be asked to appear in court. If a judge then wishes to speak v the child concerning the election, the referee will execute so in chambers to safeguard the child"s privacy and ensure they room not subject to undue press from your parents.