What Age Can You Choose Which Parent To Live With?
Factors for Determining Child Custody
When Can A Child Choose which Parent to Live with in Georgia?
Depending upon a child's age, Georgia law may allow a child to influence where they want to live.
11 to 14 Years of Age
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. Unlike elections made by children 14 or older, the elections of children between 11 and 14 are not as controlling. O.C.G.A. § 19-9-3 (a)(6).
14 Year Old (and older)
At age 14, a child may elect which parent they want to be their physical custodian.
Georgia law provides: "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 election for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child." O.C.G.A. § 19-9-3 (a)(5).
If there is a current court order concerning the custody of a child, the election of an age 14 or older child may also constitute a material change of condition or circumstances sufficient to warrant a modification or change of child custody. In other words, a child's choice of custodian can change an existing child custody agreement.
Can you Contest a Child's Election?
Although the election of a child 14 or older is presumptive regarding custody, it is not absolute. Even if a child does elect to reside with one parent, the other parent may still present evidence to the court contesting the child's election as not being in the child's best interest. If that parent successfully proves that the child's choice is not in the child's best interest, the child's election will not be honored. However, it is difficult to overcome a child's election, and courts typically honor the election of children 14 or older in the absence of extreme circumstances.
How does a Child let the Court know about their Election?
For a child to make an election regarding custody, they may sign an Election Affidavit under oath that is then submitted to the court, or the child may let the Guardian ad Litem know, if a Guardian ad Litem has been appointed. See O.C.G.A. § 19-9-3 (a)(6).
If the child's election is uncontested and the court finds the child's election comports with that child's best interests, the court will honor the election. If the unelected parent contests the election, the child may be asked to appear in court.
If a judge then wishes to speak with the child concerning the election, the judge will do so in chambers to protect the child's privacy and ensure they are not subject to undue pressure from their parents.
FAQs and Answers About Child Custody in Georgia
Q At what age can you choose which parent to live with in Georgia?
Children ages 11-13 can have input into their physical custody arrangements in Georgia. A judge will take their preferences into account. However, that preference is not as strong a factor in the judge's decision as it is for children ages 14 and older.
For children ages 14 and older in Georgia, their choice of custodian is generally presumptive - the court will usually go along with the child's choice. Unless the judge deems that the parent chosen is not in the best interests of the child, the child's preferences determine physical custody.
Q What is an affidavit of custody election in Georgia?
An affidavit of custody election in Georgia is the instrument that documents a child's preference for the parent they wish to live with. This affidavit is a sworn legal document submitted to the court as part of the process of determining custody.
Children as young as 11 years old can submit an affidavit of custody election. While their preference is considered, it doesn't carry as much weight as that of a child aged 14 and older. For children in this age range, their selection of guardian is generally followed by the court unless the judge finds the child's choice of parent is not in the child's best interests.