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    mdbeck207's Avatar
    mdbeck207 Posts: 1, Reputation: 1
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    #1

    Apr 17, 2009, 12:29 PM
    Children deciding living situations
    This question would apply only to GA. At what age can a child of a custodial parent decide to live with the non-custodial parent?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 17, 2009, 12:35 PM
    A child CANNOT decide. A minor child (under 18) cannot decide what parent to live with. That decision is ALWAYS made by a judge. Some states have guidelines about how much weight to put on the child's preference depending on how old they are. But the decision is up to a judge based on the best interests of the child. In GA a 14 yr old can express their wishes and it will be given full weight. If there is no fitness issues, the change will probably be granted.

    Before a change can be granted, the NCP needs to file in local court for a modification of the custody order. A hearing will be scheduled and the judge will listen to arguments from the parents and may interview the child. Then the judge will hand down a decision.
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