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Meriwether & Tharp, LLC
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  • Home

  • Considering Divorce

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      • Strengthening Your Marriage

      • Working on the Marriage

      • Common Marriage Issues

      • Marriage Tips

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      • The Divorce Rate & COVID Pandemic

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      • Preparing for Divorce

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      • Telling the Kids

      • Is My Spouse Cheating

      • What to Bring to Your First Attorney Meeting

    • Divorce Advice

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      • Aggresive isn't Always Best

      • Collaborative Divorce Attorney

      • Using Online Divorce Forms

      • Dealing with Narcissists

      • Can Dads Win?

    • Divorce Costs

      • Finance Your Divorce

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  • The Process

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      • How long is the divorce process in Georgia?

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      • Does it Matter who Files First?

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      • Failure to Respond to Complaint

      • Interrogatories

      • Requests for Production

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      • Mandatory Discovery

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      • Failure to Respond to Discovery

    • Alternatives to Trial

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      • Arbitration

      • Settlement Conference

      • Late Case Evaluation

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      • Legal Separation

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      • Tax Concerns

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    • Determining Custody

      • How is Child Custody Determined

      • Child Custody Evaluations

      • - Psychological Examination

      • - Guardian Ad Litem

      • Parental Alienation

    • Top Custody Factors

      • Child's Election

      • Co-Parenting

      • Moving Out of State

      • Alcohol & Substance Abuse

      • Physical Abuse

      • Parental Employment

    • Parenting Time

      • Parenting Time

      • Standard Visitation Plans

      • Supervised Visitation

      • Summer Visitation

      • Holiday Visitation

      • Telephone Visitation

    • Parenting Plans

      • Parenting Plans

      • The Importance of Thinking Through a Parenting Plan

      • Example Parenting Plans

      • Parenting Coordinator

    • Legal Custody (Decision-Making)

      • Legal Custody (Decision-Making)

      • Joint Legal Custody

      • - Medical

      • - Educational

      • - Extracurricular Activities

      • - Religion

    • Physical Custody (Time with Child)

      • Physical Custody (Time with Child)

      • - Primary Custody

      • - Joint Custody

      • - Sole Custody

      • - Split Custody

    • Helping Kids Through Divorce

      • Helping Kids Through Divorce

      • - Telling The Kids About Custody

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      • Grandparents' Rights & Custody

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      • Special Needs Children

  • Asset Division

    • Marital vs Non-Marital Property

      • Determining Marital v. Separate Property

      • Property Checklist

      • Marital Property

      • Separate Property

      • - Premarital Property

      • - Inherited Property

      • How Separate property can become Marital

      • - Commingled Property

      • - Non-Economic Contributions

    • How are Assets Divided

      • Factors for Determining Division of Marital Property

      • Equitable Division is not Modifiable

      • Adultery & Equitable Division

      • Do I need a Forensic Accountant?

      • Uncovering Undisclosed Assets using Tax Returns

      • Signs your Spouse is Hiding Marital Assets

      • Settlement Agreements

    • Specific Property Issues

      • Marital Home & Other Real Property

      • Business

      • Cars

      • Pets

      • Debt

      • Taxes & Equitable Division

      • Bankruptcy

      • Military Benefits

      • Stock Options & RSU

    • Retirement & Other Property

      • Retirement Assets

      • Top 5 Retirement Plan Mistakes

      • Social Security

      • 401k

      • Impact of 401k loans

      • IRAs

      • Other Retirement Assets

  • Child Support

    • Child Support Basics

      • How is Child Support Calculated?

      • What is a Child Support Worksheet?

      • Completing a Child Support Worksheet

      • Gross Income

      • Variable Income

      • Imputed Income

      • Duration of Child Support

      • College Expenses

      • Payment Methods

    • Deviations

      • What are Deviations?

      • Mandatory Deviations

      • - Health Insurance

      • - Child Care

      • Non-Mandatory Deviations

      • - Parenting Time

      • - Private School

      • - Extracurriculars & Summer Camp

      • - Travel Expenses

    • Non-Payment

      • Child Support isn't Being Paid

      • Contempt

      • Garnishment

      • Jail

      • License Revocation

      • Contempt Defense

      • Modification of Child Support

    • Miscellaneous

      • Child Support and Taxes

      • Dependency Exemption & Child Tax Credit

      • Uniform Interstate Family Support Act

      • Waiver of Child Support

      • Requesting an Account of Child Support

      • Child Support in a Military Divorce

      • Life Insurance Coverage

      • Split Custody & Child Support

      • Auto Adjusting Child Support

  • Alimony

    • Types of Alimony

      • Alimony Types Overview

      • What is Alimony?

      • Periodic Alimony

      • Lump Sum Alimony

      • Temporary Alimony

      • Permanent Alimony

    • Factors Affecting Alimony

      • Determining Alimony

      • Alimony Factors

      • Adultery and Alimony

      • Proving Adultery

      • Tax Effect

      • Alimony Recapture Rule

      • Seeking Alimony?

    • End of Alimony

      • When Does Alimony End?

      • - Death of Either Spouse

      • - Re-Marriage

      • - Cohabitation

      • Proving Cohabitation

    • Miscellaneous

      • Enforcement

      • Alimony and Attorney Fees

      • Waiver of Right to Modify

      • Failure to Pay

      • Alimony Modifications

      • Men Seeking Alimony

  • Post Divorce

    • Contempt

      • What is Contempt?

      • Requirements

      • Contempt Defenses

      • Garnishment

      • Income Deduction Order (IDO)

      • Property Conversion

    • Child Custody Modification

      • Child Custody Modification

      • Determining Custody

      • Modifications without a court order

      • Relocation

      • Uniform Child Custody Jurisdiction

      • Interstate Jurisidiction

    • Child Support Modification

      • Child Support Modification

      • Change in Circumstances

      • Procedure

      • Requirements for Modification Petition

      • Agreement between Parents

      • Change of Custody or Visitation

      • Out of State Child Support Order

    • Alimony Modification

      • Alimony Modification

      • Requirement for Alimony Modification

      • Live in Lover

      • Procedure to Modify Alimony

      • Alimony Modification Attorney Fees

      • No Retroactive Modifications

    • Post Judgment & Appeals

      • Transfer of 401k (QDRO)

      • Motion for New Trial

      • Motion to Set Aside

      • Appeals

  • Family Law

    • Legitimation/Paternity

      • Legitimation

      • - Legitimation Procedure

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      • - Single Mom Resources

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      • Child Deprivation Actions

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Child's Election

Factors for Determining Child Custody

  • Child Custody
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    • The Process
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    • Can Fathers Win Child Custody in Georgia?
  • Child's Election
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    • Special Needs Children

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 a 14 or older child may also constitute a material change of condition or circumstances sufficient to warrant a modification or change of child custody.

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?

How does a Child let the Court know about their Election?

For a child to make an election regarding custody, they must sign an Election Affidavit under oath that is then submitted to the court. 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.

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