what is the legal age for a child to decide which parent to live with in georgia?
In all custody cases in which the child has reached the age of 14, Georgia constabulary gives that child the right to select the parent with whom he or she desires to alive. The kid's preference (or parental election) is presumptive, pregnant that it's causeless that is the correct choice unless the parental pick is shown non be in the best interests of the kid.
If there is a current court order concerning the custody of a child, the election of a child who is 14 or older may qualify every bit a material modify of circumstances sufficient to warrant a modification of child custody. What that means is that the fourteen-year onetime'southward election to alter the custody state of affairs will be sufficient to go the matter into courtroom for modification of custody. Nevertheless, that ballot on its own may not be enough to change custody.
Brooke French has been working in family unit law in Georgia for more than 15 years, and cautions that, "if a mom files an election saying that the child wants to come live with mom full time, that doesn't mean mom has a slam-dunk case. Judges consider information technology as part of all the other evidence that mom puts on and all the evidence that dad puts on."
The process
For clients hoping to modify custody based on a custody ballot, French says the kickoff step is to have the kid meet with one of her colleagues who are trained equally a guardian ad litem (GAL). "I have a colleague talk to the child to find out what is going on. Are they making this decision because they've been promised a car? To meet this threshold, you still must show something else other than that election," says French.
"So I talk to the parent and see if in that location is any other bear witness for a modify. Is the child struggling in school, butting heads with a parent, struggling with friends? Is there a re-marriage and the child is not getting along with the other parent? Is there something else to say information technology would be ameliorate for the child to alive with other parent primarily?"
What is the effect of the custody decision on the kid?
French cautions parents that this process is non easy, specially on the children. "A lot of kids say they want to file an election but and so, when they realize that information technology is going to require them to sign a piece of paper that says they want to spend more than time with dad than with mom or with mom than with dad, a lot of those 14-year-olds don't want to practise information technology," French says.
French is also a GAL and has talked with kids in this controlling state of affairs. In her feel, this is a difficult situation for children, "because frankly most kids do beloved both of their parents and they're afraid to upset ane parent or another, or they're afraid to disappoint the parent and non sign something."
Even with the changes fabricated to the constabulary in 2008, French is unsure if the police is beneficial. "I recall it's a really tough police force on kids and part of me wishes it didn't exist because that'south putting your kids in a actually difficult position to make a decision most something that they may not be educated plenty or mature enough to brand a decision near—and if y'all've got some young parents who have it personally or don't take into account the child's best interests, that could really exist detrimental to the parent and child human relationship," she says.
What should parents practise when against an election situation?
For some divorced parents, French continues, "if they are in tune with the kid and have a good relationship, they will likely work out this issue among themselves." She believes some parents may agree between themselves to change parenting time and avoid the modification hearing.
"Elections come up about when information technology's a contentious situation to brainstorm with and the parents aren't doing well to begin with. At that place is some sort of issue where the parents aren't doing well communicating or co-parenting, after a divorce," she says. "And and so that escalates."
For parents in a difficult custody situation, sitting downwardly with an experienced Georgia family unit law attorney may help avoid a future custody battle.
For more information on this area, see our overview of family law.
Source: https://www.superlawyers.com/georgia/article/can-georgia-14-year-olds-choose-which-parent-to-live-with/22d7b9df-5de9-4658-a91b-4978cb1bb2bd.html
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