In child custody cases, the main standard for the court’s decision is always the best interests of the child. To ensure that this standard is met, the judge looks into many factors regarding the child’s welfare and relationship with each parent. Many parents ask: Does the court consider the child’s preference as to which parent to live with? Will the child’s wishes be honored by the court? Let’s take a look at the answers under Georgia law.
In Georgia, a child’s preference can affect the child custody decision if they are old enough:
Note, however, that even if the court grants custody to the child’s chosen parent, the child still has to visit the non-custodial parent based on the court order.
If there is already a court order on child custody, the child may be able to express their parental choice once they turn 14.
If the child files an election, this would be sufficient to warrant the process of child custody modification. In other words, it would be enough for the court to allow the modification process, but it does not guarantee that the judge will grant the requested change. Once again, the court will still need to make this determination based on the different aspects of the child’s best interests.
The child may change their election only once every two years.
Child custody is a delicate matter that could significantly impact your child's future. If you are a parent who wants to fight for the best custody arrangement for your child, or if you have concerns about your current custody claim, entrust your case to a top rated child custody attorney.
In Gwinnett County and the surrounding areas, Attorney Sharon Jackson has earned the trust of many parents for her effective handling of child custody issues. With over a decade of legal experience and her sensitivity to family dynamics, Attorney Sharon Jackson can help achieve the best result for your child and you.
Call us today at (678) 909-4100 or use our online contact form.