When have the right to a Child pick Which parental to Live v in Georgia?

Richardson, Bloom, & LinesMay 4, 2017Custody, Dan Bloom, Divorce, FAQs


*

The court will take into consideration a wide selection of components when determining wherein a child have to live in a divorce proceeding or a boy custody rights conflict in Georgia. All of those components focus top top what will be in the best interests the the child. If joint physical custody is no possible, the court will very closely consider i beg your pardon parent can offer the most in terms of emotional and also physical stability, including the parent’s willingness and ability to facilitate and also encourage a close and continuing parent-child relationship in between the child and the other parent.

You are watching: What age can a child choose which parent to live with in georgia

In plenty of circumstances, youngsters are overwhelmed v the transforms that are going on around them in a divorce or custody dispute. They may want to have a to speak in whereby they live or how regularly they check out one parental or the other. The regulation addresses this worry by offering some children a voice in son custody problems in Georgia.

A children Input in living Arrangements – Atlanta child Custody Laws

Typically, younger kids just desire what is “fair” in a divorce or custody dispute, which, to the child, means spending equal time through both parents. Until a boy is 11 year old, however, the kid is not considered mature sufficient to understand what is in his or her ideal interests v respect to living arrangements as soon as the children parents perform not live together. The children desires are never binding ~ above the court, yet the court gives a lot an ext weight to the desire of youngsters who space 14 or older.

Older children may have strong opinions about where they want to live in a custody dispute or after a divorce, however sometimes those feelings room brought around by manipulation the a parent (for example, “I will certainly buy you a vehicle if friend tell anyone you desire to live v me”), and a court will be request to determine the sincerity that the child’s expressed desires. The court only has to consider the desires of a son who is in between the eras of 11 and also 14, yet for a kid who is 14 or older, the parental selected will most likely be awarded major physical custody the the child making the election. The parent that is not selected through the child could still readjust that result if the or she deserve to prove come the court that the selected parent would not it is in able to carry out for the kid or is otherwise no a choice that is in the child’s ideal interest. Therefore, the is daunting to conquer a 14 year old child’s election.

Keep in mind the a children preference only extends come which parent the boy shall live with. If a son elects come live v both parents, the election is never binding ~ above the court. If a child does desire to spend equal time v both parents, that custodial setup must be shown to be in the child’s best interests by means other than simply the children election. Additionally, although your child may express come you how he or she desires to invest time through the various other parent, the referee will frequently not take these opinions into consideration when deciding the child’s parenting time through the other parent. The court will start from the belief that it is in the child’s best interest to have regular contact with both parents.

Making a children Preferences recognized – Atlanta son Custody Laws

A parent need to never asking a child to choose which parent the child wishes to live with write-up divorce. Courts and also experts that often assist the court decide what is in the child’s best interest frown top top forcing a child to decide. Those parental to whom a child has actually made a custody request usually have concerns about forcing their boy to do a decision about where they would like to live in prior of the various other parent or in the courtroom. Testifying in a courtroom can be stressful and also intimidating, even for adults. Of course, many judges will certainly speak come the child in the judge’s chambers, however even that is exceptionally intimidating for a child. The much better practice is come ask the court to appoint a guardian ad litem or court-appointed custody evaluator to investigate what is in the child’s best interest and also inform the court of the opinion. The kid may likewise sign one affidavit stating wherein he or she would like to live, however the child must be stood for in the drafting and also signing of that affidavit through his or her own attorney, not among the parent’s attorneys.

See more: What Does Crown Thy Good With Brotherhood Meaning, The Story Behind The Song: America The Beautiful

Georgia courts create these methods to re-superstructure the children preferences because they know that it have the right to be difficult to tell a parental that you carry out not desire to live v him or her. The court will certainly attempt to avoid these an extremely sensitive situations, if possible. Your family law attorney deserve to also help you produce a arrangement that will permit your boy to have a voice in his or her living preferences, and assist you emphasis on what is in her child’s finest interest.