Family changes are inevitable when divorce occurs. The dynamics among the various family members shift. Spouses may limit their interactions with one another because they have overwhelming negative emotions. The dynamics between parents and children may change as well.
Conflicts between parents can make it challenging to share parental rights and responsibilities, especially in the early stages of divorce. Most of the time, parents in Georgia preparing for divorce can work out arrangements to share parenting time and authority. In some cases, they may need the intervention of a judge to settle custody disputes. During custody litigation, family law judges consider many factors to decide how to allocate parental rights and responsibilities. Their final order determines how much time a parent spends with their children.
Can an older child or teenager decide on their own behalf which parent they live with or how much time they spend with each parent?
An older child’s preferences carry weight
Georgia state statutes empower teenagers to express their preferences and influence custody arrangements. Once a teen is 14 years old or older, they can potentially ask a judge to allow them to select the parent with whom they live primarily. That decision can influence what school they attend and the overall distribution of parenting time.
Typically, judges defer to the preferences of older children once they are at least 14. However, they can override the child’s wishes if they believe that the preferences stated are not in the child’s best interests. Judges have to consider many factors to determine what is actually best for children and teenagers in a shared custody scenario.
Thankfully, while a teenager can choose which parent becomes their residential parent, they generally cannot refuse to spend time with one of their parents due to a strained relationship. Judges are unlikely to eliminate one adult’s parenting time or visitation rights simply because of a teenager’s preference. A parent has the right to see their child, influence their upbringing and work on repairing a relationship damaged by divorce.
Understanding the factors that influence child custody determinations can help parents advocate for themselves and their children. Teenagers can influence custody matters, but they are still subject to the control of their parents at the oversight of the family court.