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A child aged 11 years or older may express to the court their preference as to which parent they want to live with. The child can express their wishes by filing an Affidavit of Custody Election (commonly referred to as election).
After a final decree of divorce or other order establishing custody and visitation (such as a paternity decree) is filed with a court, parents may agree to modify the custody or visitation terms. This modified agreement (also called a stipulated modification) may be made without court approval.
It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child docHubes the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (e) of Code Section
For 50/50 custody to work in Georgia, parents must live close enough for the children to spend roughly equal time with each. If that cannot be done without putting the children through excessive travel, 50/50 custody may not work.
As a father, you get full custody in Georgia so long as you put the childs best interests first. The court will consider the following when deciding the childs best interests: Compatability with the parent. Ability to meet the childs essential needs.
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Once the child turns 14, his or her custody election becomes presumptive. This means unless the childs best interests are jeopardized, the judge will allow the child to choose which parent he or she wants to live with. It is important to note that children can only change their elections once every two years.
Under the Georgia Code, children who are 14 years of age may refuse visitation with the other parent. This means that your child cant unilaterally decide to stop visiting their other parent but can state their wishes or preferences with the courts approval.
In Georgia, a court can limit or deny visitation for a brief period of time if the non-custodial parent fails to pay child support, but the custodial parent cannot withhold visitation without court involvement.

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