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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.
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.
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.
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.
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 Georgia, when your child is born outside of a marriage, the mother is the only person allowed to have legal or physical custody of the child. There are no automatic fathers' rights.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.