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I have a granddaughter that is 8 years old that has expressed numerous times that she wants to live with her father. We live in Georgia and were wondering at what age a child can make that decision so we can go before a judge to what decision would be made.
The child can not ''make that decision''
The child can express WHY they want to go live with father and the father and mother can make an agreement to have the visitation order revised. Then the Judge can decide and revise it if he sees fit.
When the child is no longer a child by law they can choose where to live. Until then it is up to their parents and a judge. If the parents were still married they would choose where their family lives. Because they are not a judge has to get involved with everything. If her father wants her to live with him then he needs to petition the judge to modify the custody order and he will need to be able to show why it is in the child's best interest.
At the age of 14, a child can file an affidavit electing which parent they want to live with. It can't be a third-party relative, only mom or dad. Then there has to be an action filed to modify custody.
After the child is 11, the court will ask the child which parent he or she wants to live with, but the child's desire is only instructive until the age of 14.
The process is referred to as a "14-year-old election."
In what state and please provide a citation? This is NOT the case in the majority of states.Quote:
Originally Posted by jseguilaw
There is no law dictating that a court has to go with the wishs of a child until they reach the age of 18 ( age of majority ).Quote:
Originally Posted by jseguilaw
https://www.askmehelpdesk.com/family...ve-376233.html
If it differs anywhere then please post it.
Quote:
Originally Posted by jseguilaw
Again - please give a citation. These comments are NOT correct in every State.
What State you are addressing?
A child can't make that decision ; not at any age before 18. Who is she living with now? Has a custody order been established? Assuming that there is a current custody order in place, in order for your granddaughter to legally be able to live with her father, her father would have to file a motion to modify the existing custody order. Now, whether the judge will agree and grant his request is a different matter. In general, it's not easy to convince a judge to modify an existing custody order. My guess would be that her expressing a desire to live with her father, at age 8, is not going to compel the judge to modify the order. Does she have visitation? Maybe he could ask for more visitation ; that'd probably be easier to get than a change in custody.
There is a sticky note at the top of this forum that addresses this issue and would have answered your question. You might want to make sure you look at the stickies before posting, it may save you some time.Quote:
Originally Posted by layoungga
To jseguilawQuote:
Originally Posted by jseguilaw
You are new to this forum so I'm not going to give you a negative comment. I believe the process as you cited is correct for wherever you live in. But you have to understand that this site is used internationally. The laws and rules that may apply where you live probably do not apply everywhere. To maintain the accuracy of this site, you need to detail the area where these rules apply or provide a citation to the statutes that you refer to. Otherwise you are not helping the person who asked.
Also you explanation did not mention the fact that the child's preference is only a guideline and is NOT binding on a judge. As far as I'm aware, every US state ultimately leaves the decision up to a judge. Some states do have guidelines on how much weight to put on the child's preference but the decision is in the hands of a judge and is supposed to be based on the best interests of the child. So, while your answer may have accurately details the process, it really is not an accurate response to the asker.
Back to layoungga
As you can see by your responses and the sticky I referred to, your grandaughter cannot make this decision.
Following is from Georgia statute 19.9.3
(5) 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 selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.
(6) In all custody cases in which the child has reached the age of 11 but not 14 years, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard shall be controlling. The parental selection of a child who has reached the age of 11 but not 14 years shall not, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate.
O.C.G.A. § 19-9-3
As you can see, at 14 a child's preference carries considerable weight in GA. But the judge can overrule the child's preference if they deem ist not in the best interests of the child. From 11-14, their preference carries lesser weight and under 11 is not specifically addressed.
Well since the child is in Georgia, it would seem appropriate for an answer to relate to Georgia law. That's the answer I gave, and I gave it in shorthand format without reference to all the statutory cites since the person asking the question asked it rather informally. Had he or she asked for the cite to the law, I would have given it.
Answering a question about a Georgia case applying California (or any other jurisdiction's) law doesn't seem to make much sense.
The problem is that the way your answer is read it would appear that the child can choose ( i.e. the child makes the decision ) when in reality the child does not decide. It still has to pass certain tests. And then a judge can decide.. not the child.Quote:
Originally Posted by jseguilaw
Its mostly a matter of trying to keep it straight for the OP and try not to mislead by omission.
Yes it does seem appropriate, but we have many people here who answer question based on their own limited experience. Since you made no mention, nor provided any cite or link we had no way of knowing that you were referring to GA law. Hence our asking. All you need to do was provide the cite instead of getting all huffy.Quote:
Originally Posted by jseguilaw
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