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Although many lawyers question whether children in a divorcing or divorced family are unduly empowered, the law in Georgia is that a child 14 or older can elect his or her "physical custodial , the parent with whom the child will live with more than 50% of the time.

In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests. ... Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

Court Orders Once a child reaches the age of 16, he/she is legally allowed to choose which parent to live with. The only reason this wouldn't apply is if there's a Court Order stating that a child must remain with a certain parent until a certain time.

For an unwed father in Georgia to get any parental rights, including custody or visitation rights, he must file a legitimation petition in court. A legitimation petition legally recognizes that a man is the father of the child. The unwed father can then ask for custody, visitation and/or child support.

A typical court-ordered schedule will grant parenting time to the non-custodial parent from 6 p.m. Friday to 6 p.m. Sunday every other weekend. Holidays also typically run from 6 p.m. on the first day to 6 p.m. on the last day, with parents alternating even and odd years.

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child's decision.

The Georgia Supreme Court in Prater v. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent.

Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.

Under Georgia law, the child's mother has all legal custody rights when the parents are unmarried. This means that even when the father goes through all of the steps to confirm paternity and the court orders him to pay child support, he does not have any legal rights to visitation or custody.