Q: Does a child have to be a certain age to decide which parent they want to live with if they have joint custody since div

A: The Georgia code states:

5) In all custody 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 for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.

(6) In all custody cases in which the child has reached the age of 11 but not 14 years, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard shall be controlling. The parental selection of a child who has reached the age of 11 but not 14 years shall not, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate.

A: A guardian ad litem can always be assigned in a case involving a custody dispute to help the court determine what is in the best interests of the children. But without a guardian ad litem, children of a certain age can make an election and state in writing, which parent they would like to live with. The court will still make the final decision, looking at what is in the best interests of the child. However, children starting at the age of 11, can make a statement to the court regarding which parent they would like to live with on a permanent basis. The same can be done at the age of 14, and I would consult an attorney directly to discuss further.