Ordway Law Group, LLC
Ordway Law Group, LLC
Divorce & Family Law

Can Georgia kids decide where they will live after divorce?

| Apr 19, 2018 | Child Custody |

Once they hit about the age of two, children develop their own strong personalities. With those personalities begin to emerge preferences and opinions about what they like, do not like and want to experience. Though parents must still act in ways that protect their children from harm, they can foster their kids’ independence by recognizing and acknowledging their partialities.

However, when it comes to deciding matters of child custody and visitation, the state of Georgia places limitations on how kids may make decisions about where they will live. While state law allows children 14 years of age and older to decide with which parent they will live, that court can overrule a decision if it does not serve the child’s best interests.

That is to say, a child under the age of 14 cannot decide where they will live in a custody plan, and a child who is at least 14 years old may see their custody decision overturned if there is evidence to support that it is not sound. Therefore, an older child’s choice in a custody matter may be a factor in a custody determination but it does not have to be the ultimate decision if it is not well placed.

A host of important considerations are usually reviewed by courts that make child custody determinations and it is important that Atlanta parents understand just how detailed the review of custody requests will be when they get to court. Discussions with family law attorneys can be imperative to supporting legal understanding in readers who are working through their own custody and visitation matters.

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