Can your child choose which parent to live with?
Updated: Mar 15, 2019
In Georgia child custody cases, a child who is 14 years old (or older) may select the parent with whom he or she wishes to reside. The child's selection is controlling unless the court determines that the selected parent is not a fit and proper person to have custody of the child. It is important to note that only present unfitness can defeat the child's selection. Evidence of past unfitness is inadmissible in regard to such issues.
A child aged 14 or older may also choose not to visit with the noncustodial parent. In such cases, the court will supervise the election and take into consideration the election of the child in granting or denying the child's election.
What about younger children? The court must consider the wishes and educational needs of of a child that is between 11 and 14 years old, but the child's election is not controlling and the court has complete discretion in awarding physical and legal custody and visitation based on the best interest of the child.
Attorney Kevin Parker is a child custody lawyer in Griffin, Georgia. If you are interested in hiring an attorney to help with your child custody or child support issues in or around Spalding County, then we would be happy to meet with you to discuss your options and our rates.
We offer free consultations. You can schedule your consultation at a time that works best for you by visiting our website at www.thekpfirm.com or by calling our Griffin law firm at (770) 467-3700.