Child’s Election

In Georgia, children ages 11 to 14 can offer their thoughts as to which parent they’d like to live with, which the court considers alongside other factors in determining custody. Once a child turns 14, their choice is considered to be presumptive, holding significant weight, although it is not absolute. A judge may override the choice if it conflicts with the child’s best interests, supported by evidence from the other parent.

To assert an election, a child must complete an Election Affidavit and submit it to the court. If uncontested and deemed best for the child, the court will honor it. Should the election be contested, the child might need to speak with the judge or appear in court.

Our firm has extensive experience guiding parents through these sensitive matters, ensuring the best outcome for our clients and their children.