Augusta, GA asked in Family Law and Child Custody for Georgia

Q: At what age can an autistic minor choose which parent to live with?

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3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A minor child in the State of Georgia can file an election of custody at the age of 14, however, that election is a rebuttable presumption that it is in the child's best interest. The child's mental capacity may be taken into account in determining whether the election is in the child's best interest.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, at 14 they may have input, but that doesn't mean their wishes will be granted. There are other factors that will be taken into consideration. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: The law doesn't modify the ages for parental selection based on disabilities. It really is for the court to determine whether it is in the child's best interests to live with the parent selected and to determine whether the child has made this decision independently.

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