Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Age of a child to decide if they want to visit with non custodial parent in Georgia, (https://www.askmehelpdesk.com/showthread.php?t=635757)

  • Feb 13, 2012, 03:48 PM
    cmhawks
    Age of a child to decide if they want to visit with non custodial parent in Georgia,
    What age does a child have to be to decide whether they want to visit with a non custodial parent in Georgia, U.S.
  • Feb 13, 2012, 04:00 PM
    cmhawks
    Actually, in the state of Georgia,a child at the age of 14 has the right to decide which parent they want to live with and the courts actually have no say in the matter. Ga. Code 19-9-1 GA. Is the ONLY state with such a law. I hope that helps.
  • Feb 13, 2012, 04:03 PM
    Fr_Chuck
    18, the court orders the child, at about 12 to 14 a child can testify in court what they would like, but the child as the parents are suppose to follow the court orders.
  • Feb 13, 2012, 05:41 PM
    ScottGem
    Hmm at 5:48 you post this question. Twelve minutes later you post the answer in another thread. I've merged that post with your question.

    In my answer in the other thread, I stated that a child cannot make the decision, only a court can. I also stated that some states have laws about how much weight to put on the child's choice. I read the statute you cited (thanks for providing the cite) and I don't see anything that contradicts what I said. In the case of this statute, a court is instructed to follow the choice of a child over 14. But it still leaves the court leeway if the parent is deemed not to be fit as a parent.

    So, as I said, it is the court that makes the ultimate decision, not the child, but the court is instructed to put strong weight to the choice of a child over 14. And GA is not the only state with such a law. It may be the only that give that much weight to a child as young as 14 (a mistake IMHO), but other states do have similar laws for older children.

    If you have a child in this position, they can't just move. The NCP still has to petition the court for a modification of the custody order.

  • All times are GMT -7. The time now is 08:43 PM.