What Age?

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What Age?

Postby atlj007 » Tue Jan 18, 2005 10:33 am

I am in Georgia and have read up on the age that my son can call his on shots about who he wants to live with. That age is 14, regardless of what she says, if he wants to live with me and I can provide a fitting heathly home then thats where he lives. I know that the childs maturity and other aspects come into play when deciding earlier then this, but if he made this decision earlier I dont want to blow my chances before the age of 14 by persuing to early....dont get me wrong he will just be 4 this year. I guess I was just wondering about others' situations...what are some early ages that yall have seen..my x and I are pretty amicable on decisions involving him, but when it comes to the money she ia like Dr.Jekyll and Mr. Hyde. i know that (money) would be the hang up for her letting him stay with me full time, hell it maight be worth it to just keep paying her the support even after the fact. she has already confessed to me and i quote "I know that he will live you when he gets older, Im just trying to hold onto right now while he is still a baby"
Any opinions?
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Georgia Law

Postby Lawmoe » Tue Jan 18, 2005 10:49 am

You are partially correct. In Georgia, statutes allow the Court to consider the reasonable preference of any child age twelve (12) or older. Additionally, Georgia state statutes provide – “In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.” As a result, the child's wishes at the age of 14 create a rebuttable presumption which is very strong, but can still be fought.
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Postby atlj007 » Tue Jan 18, 2005 1:21 pm

but what about before the age of 12...like lets say around 7 or 8...will the judge consider his wishes? i guess it would depend on the judge huh?
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Postby Pete » Tue Jan 18, 2005 1:23 pm

No, under 12 is too young.
Don't worry about what you cannot control. Focus on what is legally relevant, not morally indignant or petty.
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8 too young

Postby Lawmoe » Tue Jan 18, 2005 4:44 pm

Very few, if any, Judges would consider the opinion of a 7 or 8 year old.
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