What is the age that a minor can decide what parent to live with, without having to go back to court in Georgia

Asked over 1 year ago - Athens, GA

She will be 17 in four months and wants to live with her mother now.

Attorney answers (2)

  1. Patrick Lehmon Meriwether


    Contributor Level 11


    Lawyer agrees

    Answered . She can 'elect' to live with her mother, but in order for that election to be enforceable, you have to revise your Parenting Plan and have it signed off by a Judge for that election to be enforceable. This can all be done by consent, but it still has to be signed off on by a Judge. If your current Parenting Plan has that you have primary physical custody and you are ok with her going to live with her mother, the mother is the one that is arguably taking a risk. The reason is that you could enforce the current Parenting Plan a month later. There may be other factors to be considered. Your best bet would be to have a consultation with a local family law attorney so that they can ask you all relevant questions and make a informed recommendation for you.

  2. Glen Edward Ashman


    Contributor Level 20

    Answered . Children cannot make any decisions on where to live until age 18, and at that point no court is involved.

    Custody CANNOT be changed prior to age 18 without court order.

    A child 14 and over can express, if a parent files a court case, an opinion as to custody. The judge is required to consider it but can elect not to follow a choice that he does not deem to be in the child's interest.

    No custody change should be filed without a lawyer.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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