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A child as young as 11 years old can have input regarding their physical custodian. In Georgia, children between the ages of 11 and 14 may also have some input into their physical custody decision. In these cases, a judge may consider a child's desires between 11 and 14 in determining which parent shall have custody.
The father can file a Petition for Legitimation in Superior Court in the county where the biological mother lives. The mother must be formally notified, and she has the right to attend the court hearing. There is a basic filing fee and fee of service to serve others with documentation.
If your wife wants to relocate with your child before the divorce is finalized, she must obtain your written consent. Without a child custody order, both parents have equal rights over the child, and your written consent is necessary.
?In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child."
To begin the process, a petition must be filed seeking guardianship of the child by the person who wishes to be named guardian. The Initial Filing Fees must be paid upon filing the petition. You must file the petition in the county where the child is located or where the proposed permanent guardian is a resident.