Custody decisions are emotional for everyone—but especially when a child is old enough to have an opinion.
So if your teenager has come to you and said,
“I want to live with Dad,” or “I want to stay with Mom full-time,”
you might be wondering:
“Do they get to choose?”
In Georgia, the answer is: yes—with conditions.
Let’s break down what the law says and how it actually plays out.
At Age 14, Your Child Has a Say—A Big One
In Georgia, once a child turns 14, they have the legal right to express a custody preference.
They can sign an Affidavit of Custody Election, which tells the court where they want to live.
That preference is presumed to be in the child’s best interest—unless a judge finds it would be harmful or unsafe.
In plain English? The court will usually honor a 14+ child’s choice—unless there’s a good reason not to.
But It’s Not an Automatic Decision
Just because your teen says they want to live with you doesn’t mean it happens right away.
A judge will still look at:
- Each parent’s home environment
- School stability and academic performance
- Medical and emotional needs
- The parenting history of both parties
- Any concerns about neglect, abuse, or instability
The court’s priority is always the best interest of the child—even if that means saying “no” to the teen’s request.
Can Kids Younger Than 14 Choose?
Not officially.
But children between 11 and 13 can still voice their opinion, and the judge may take it into consideration—it’s just not binding.
Think of it this way:
- 14 and up = a strong vote
- 11 to 13 = a comment card
- Under 11 = the court assumes the adults know best
What Happens After a Teen Makes Their Choice?
You’ll need to go through the modification process, even if everyone agrees.
That includes:
- Filing a petition to modify custody
- Submitting the teen’s signed affidavit
- Possibly attending a hearing
- Getting the judge’s approval
It doesn’t happen overnight, but with the right paperwork, it can go smoothly—especially if both parents are cooperative.
What If the Other Parent Disagrees?
If the other parent contests the change, the court will review both sides—just like in any other custody case.
They’ll ask:
- Why does the teen want to move?
- Is it really about their well-being—or just about fewer rules or more freedom?
- Are both homes safe and stable?
- Has one parent been interfering with the child’s relationship with the other?
Judges can overrule the child’s request if they believe it’s not in their best interest.
Tips for Parents Navigating This Conversation
- Stay calm. Your teen expressing a preference doesn’t mean they’re rejecting you—it may reflect a specific need or phase of development.
- Talk openly. Encourage your child to share their reasons in a safe, non-judgmental space.
- Avoid pressure. Let them feel free to speak honestly without choosing sides.
- Get legal guidance. This is one of those times when you really don’t want to guess on forms or timelines.
We Help Families Make These Transitions with Care
At Catherine Ryan Law, we guide parents and teens through Georgia’s custody process with clarity and compassion. Whether you’re making a change or responding to one, we’ll help you make sure it’s done legally—and in a way that protects your child’s best interests.
Click here to schedule your consultation with Catherine Ryan
You don’t have to navigate this alone.