Does my child get to decide where he lives once he turns 14?
The short answer is no, not exactly.
Under the old law, if a 14 year old signed what’s called an election, the court’s hands were tied unless the other parent could show that the selected parent could not meet the child’s basic needs such as food, shelter and access to school. On January 1, 2008, the law changed. Now, if a 14 year old selects to live with a parent, the court assumes that that is in the child’s best interests unless the other parent can show that it is against the child's best interests. In other words, under the new law, a 14-year-old child’s selection is not as powerful as it once was.
For children that are between the ages of 11 and 13, although the court is required to take their desires into account, ultimately the court has to decide what is in the child’s best interests without favoring the parent that was selected by the child. In addition, unlike with 14 year olds, a parent wanting custody of child between 11 and 13 that has selected to live with them must show the court that something else has changed about the child’s situation other than the child’s desire alone. Otherwise, the selection of an 11 to 13 year old child alone will not get you in the courthouse door.
O.C.G.A. § 19-9-3(a)(6).
Click here to learn more about the Stern & Edlin Family Law firm.
Labels: Article, Carla Schiff
The short answer is no, not exactly.
Under the old law, if a 14 year old signed what’s called an election, the court’s hands were tied unless the other parent could show that the selected parent could not meet the child’s basic needs such as food, shelter and access to school. On January 1, 2008, the law changed. Now, if a 14 year old selects to live with a parent, the court assumes that that is in the child’s best interests unless the other parent can show that it is against the child's best interests. In other words, under the new law, a 14-year-old child’s selection is not as powerful as it once was.
For children that are between the ages of 11 and 13, although the court is required to take their desires into account, ultimately the court has to decide what is in the child’s best interests without favoring the parent that was selected by the child. In addition, unlike with 14 year olds, a parent wanting custody of child between 11 and 13 that has selected to live with them must show the court that something else has changed about the child’s situation other than the child’s desire alone. Otherwise, the selection of an 11 to 13 year old child alone will not get you in the courthouse door.
O.C.G.A. § 19-9-3(a)(6).
Click here to learn more about the Stern & Edlin Family Law firm.
Under the old law, if a 14 year old signed what’s called an election, the court’s hands were tied unless the other parent could show that the selected parent could not meet the child’s basic needs such as food, shelter and access to school. On January 1, 2008, the law changed. Now, if a 14 year old selects to live with a parent, the court assumes that that is in the child’s best interests unless the other parent can show that it is against the child's best interests. In other words, under the new law, a 14-year-old child’s selection is not as powerful as it once was.
For children that are between the ages of 11 and 13, although the court is required to take their desires into account, ultimately the court has to decide what is in the child’s best interests without favoring the parent that was selected by the child. In addition, unlike with 14 year olds, a parent wanting custody of child between 11 and 13 that has selected to live with them must show the court that something else has changed about the child’s situation other than the child’s desire alone. Otherwise, the selection of an 11 to 13 year old child alone will not get you in the courthouse door.
O.C.G.A. § 19-9-3(a)(6).
Click here to learn more about the Stern & Edlin Family Law firm.
Labels: Article, Carla Schiff