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In the state of Georgia, children over the age of 11 have legal rights when it comes to whom they will live with after their parents divorce. Starting at age 11, a child can file an election/affidavit with the court indicating which parent he or she prefers to live with.
Code § 19-7-4 (2020). In Georgia, an unfit parent is one who has been deemed incapable of caring for his or her child. Under Georgia law, a parent can give up parental custody rights voluntarily or can be deemed "unfit" and lose such rights by: abandoning a child.
Section 19-9-3(a)(5) provides: \u201cIn 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.
In reality, Georgia is the only U.S. state that lets a child choose who takes physical custody of them. Even then, the child must be 14 or older, and their choice must be approved by a judge. Thirteen states don't have statutes requiring a judge to consider a child's preference when deciding custody.
Parenting plans (also called custody agreements) outline how parents will cooperate in raising their children. If parents reach a settlement, they draft a plan together and the judge turns it into a final order, as long as it ensures the health, safety and welfare of the children involved.
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Best interest of the child checklist Parental fitness. Who has been the child's primary caretaker. Parents' histories of crime, violence or substance abuse. The parent-child relationship. The child's age. Ensuring stability in the child's life. The child's physical and mental health needs.
These rights include custody, visitation, making decisions for the child, accessing the child's medical history, and leaving an inheritance to the child. Without legitimation, only the mom (and the legally presumed father, if any) will have these parental rights.
Child custody laws in Georgia require a judge to consider the following factors, and any other factor that impact's a child's best interests: each parent's home environment and ability to care for and nurture the child. each parent's physical and mental health. each parent's emotional ties to the child.
Section 19-9-3(a)(5) provides: \u201cIn 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.
Georgia law Georgia's child custody law specifically states that neither the mother nor the father has a prima-facie right to custody of their children. Additionally, the law instructs judges not to favor either parent.

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