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Does a 14 year old get to choose in georgia?
Dalton, GA
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Posted 12 months ago in Child Custody
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My husband has had the child since he was 3.She has took him to court twice for custody and lost both times.The judge said she was just not fit to raise the child,now hes turning 14 she tells him he can choose.Can she just get him evev if my husband has raised him,she is behind in child support.She told him if he came she would get him a flat screen,four wheeler.We even got her to say it on a tape recorder that she told him that.What do we do?We live in Georgia is there laws for this.
Answers (1)
John Robert Coleman Jr.
This attorney is licensed in Georgia.
Posted 12 months ago.
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Prior to 1/1/08 a child age 14 or older could elect which parent the child wanted to reside with and the election was generally binding upon the Court. The exception to this general rule is if the Court determined that the parent selected was unfit and it was not in the childs best interest to stay with the parent selected. Now the law is that the childs selection creates a presumption but the Court must determine if the selected parent is still in the best interest of the child.
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