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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Georgia, the court may consider a child's preference regarding their primary residence once the child reaches the age of 14. At this age, the child has the right to choose which parent they will live with, and the court typically honors this choice unless it is determined not to be in the child's best interest. For children between the ages of 11 and 14, the court will also consider the child's wishes, but the child's choice is not controlling. The judge will weigh the child's preference along with other factors to determine what is in the best interest of the child. These factors can include the parents' home environments, stability, and the child's health, safety, and welfare. The relevant statutes are found in the Official Code of Georgia Annotated (O.C.G.A.), particularly in Title 19, which pertains to domestic relations.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Georgia State Code

Georgia State Code

Child custody

child's choice on where to live

Articles