Who Does The Child Live With? Ga Law And Custody Choices

In Georgia, children's preferences about which parent they want to live with are considered by the court in custody cases. While children as young as 11 years old can have some input, those aged 14 and above are more likely to have their preferences given substantial weight. However, the child's preference is just one factor among many, and the court will also consider the child's best interests and the surrounding circumstances. The court will not allow a child to live with an unfit parent and will ensure that the child understands their choices and has not faced any threats or pressure from either parent.

Children 14 and older can elect which parent they want as their physical custodian

In Georgia, children aged 14 and older can elect which parent they want as their physical custodian. This is backed by Georgia Law O.C.G.A. § 19-9-3 (a)(6), which states that "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".

While the child's preference is considered, it is not the only factor that the court takes into account. The court will also consider the child's best interests and the surrounding circumstances, including the parent's ability to provide emotional and physical stability, and their willingness to facilitate a close relationship between the child and the other parent. Additionally, the child's election is not absolute, and the other parent can present evidence to contest the election if they believe it is not in the child's best interest. Ultimately, the court will attempt to make a decision that focuses on the child's best interests.

Children between the ages of 11 and 14 may also have some input into their physical custody decision, although their preferences are not given as much weight as those of older children. They can file an election/affidavit with the court, indicating their preferred living situation, and the judge will strongly consider their wishes. However, the judge will have complete discretion in these cases, and the best interest of the child will be the controlling factor.

It is important to note that children can only change their elections once every two years, and they may be interviewed by the judge to ensure they understand their choices and have not faced any threats or wrongful pressure from either parent. Overall, the court aims to handle these emotionally challenging situations with care and sensitivity while prioritizing the child's best interests.

Children between 11 and 14 can have input into their physical custody decision

In Georgia, children aged 14 and above are more likely to have their preferences about which parent to live with given substantial weight by the court. However, the child's preference is not guaranteed to be granted, and the court will carefully consider the child's best interests and the surrounding circumstances. This is in line with Georgia law, which recognizes that as children grow older, they may have more informed opinions about where they want to live.

For children between the ages of 11 and 14, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge may issue an order granting temporary custody to the selected parent for a trial period not exceeding six months for children within this age range. This temporary order can be used to determine the best interests of the child and can include a psychological custody evaluation of the family or an independent medical evaluation.

While the court's primary concern is the child's best interest, it is important to note that the child's preference is just one factor among many that the court will consider when making custody decisions. The court will also look at factors such as the parent's ability to provide emotional and physical stability, the past care provided by each parent, and the parent's willingness to facilitate a close and continuing relationship between the child and the other parent.

In summary, while children between the ages of 11 and 14 can have input into their physical custody decision in Georgia, the court will ultimately make the final decision based on a comprehensive assessment of the child's best interests and all relevant factors.

The child's preference is one of many factors the court considers

In Georgia, a child's preference is one of many factors that the court considers when determining custody. The child's preference can affect the child custody decision if they are old enough, typically around 14 years old. Children aged 11 years or older may express their preference to the court by filing an Affidavit of Custody Election, or "election". However, even at 14 years old, the child's preference does not guarantee that the court will grant custody to the parent they choose. The court will still need to consider the child's best interests and the surrounding circumstances.

The court considers various factors to determine the best arrangement for the child. The age and developmental stage of the child play a significant role in custody decisions. Younger children often require more frequent contact with both parents, while older children may have a say in their preferences. The court will assess the child's emotional and physical needs at different stages of their development.

The strength and quality of the relationship between each parent and the child are pivotal in custody decisions. Courts favour parents who have established a strong bond with their children and have actively participated in their upbringing. Evidence of a loving, supportive, and nurturing relationship can be compelling. The court may also consider the child's cultural and religious background and how the proposed custody arrangement aligns with these aspects of the child's life.

Another critical factor is the stability of each parent's home environment, including the child's school, community, and overall support system. The court encourages co-parenting and expects both parents to promote a healthy relationship between the child and the other parent. The willingness to cooperate and facilitate the child's relationship with the other parent is often viewed favourably and can influence decisions.

The court will not let a child live with an unfit parent

In Georgia, the age at which a child can decide which parent to live with is typically around 14 years old. However, even at this age, the child's preference is not the sole deciding factor. The court will always act in the best interests of the child and will carefully consider all surrounding circumstances.

The term "unfit parent" is usually heard in the context of child custody cases in family court, where one parent accuses the other of being unfit. The accusing parent must provide supporting evidence of unfitness in their court filings. The accused parent can then dispute the accusations by presenting evidence from people who know the parent's relationship with the child. The judge may also order an investigation by a professional custody evaluator, mental health professional, or guardian ad litem.

Factors that may lead to a court finding a parent unfit include substance abuse, neglect, failure to provide proper healthcare or medical treatment, physical and mental health issues, inability to provide a stable and safe home environment, domestic violence, and child abuse.

Courts will not allow a child to live with an unfit parent as it is not in the child's best interests. Instead, they will consider which parent can offer the most in terms of emotional and physical stability and their willingness to facilitate a close and continuing relationship between the child and the other parent.

The child's best interests are the main standard for the court's decision

In Georgia, the child's best interests are the main standard for the court's decision in child custody cases. The "best interests of the child" is a fundamental concept in family law, and it essentially means that all decisions regarding child custody, visitation, and support must be made with the child's well-being as the top priority.

The court considers a range of factors to determine what is in the child's best interests, including the child's welfare and relationship with each parent, the child's financial needs, living arrangements, and overall well-being. The court also takes into account the parent's willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent.

While the child's preference is considered by the court, it is just one factor among many. Typically, children aged 14 and above are more likely to have their preferences given substantial weight by the court. However, even at this age, the child's preference does not guarantee that the court will grant custody to the parent they choose. The court may also task a guardian ad litem with conducting an investigation to figure out what parenting arrangement would serve the child's best interests.

To prove that they can serve the best interests of the child, parents can present evidence such as a parenting plan proposal, a visitation schedule, and a custody journal detailing the caretaking duties they fulfill. The parent who spends the most time with the child and has a strong relationship with them is generally looked upon favorably by the court.

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