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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.
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
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.
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.
Georgia recognizes two types of custody physical and legal custody. A parent with physical custody lives with the child. Parents can share physical custody (called "joint custody") or one parent may have sole physical custody. When parents share joint custody in Georgia, they have roughly equal time with the child.
In Georgia, if the child is over the age of 14, they may have the right not to visit the non-custodial parent, but the motive behind the refusal remains subject to review, and the court ultimately still decides what is in the child's best interest.
At what age can a child choose which parent with which to live? According to GA Code § 19-9-3(5), children who are 14 years old or older may choose which parent they want to live with primarily.
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.
Who can be emancipated? Minors who are at least 16 years old and less than 18 years old may apply for emancipation in Juvenile Court. The minor must be a Georgia resident.
In the state of Georgia, children over the age of 11 have legal rights when it comes to whom they will live with after their parents divorce. Starting at age 11, a child can file an election/affidavit with the court indicating which parent he or she prefers to live with.