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Do a child’s wishes matter during Georgia custody disputes?

On Behalf of | Jul 12, 2024 | Child Custody

As much as parents want to be friends with their children, that isn’t always the best approach to parenting. Parents need to command respect and serve up discipline as necessary. Recent family conflicts, puberty and a host of other challenges can temporarily strain the relationship between a parent and their child.

Unfortunately, temporary conflict can translate into long-term damage if the family goes through major changes while the parent-child relationship is weak. A parent dealing with temporary relationship setbacks with their child may worry that they may become forever alienated due to a divorce or custody dispute.

A parent dealing with conflict may worry that their child might not want to see them or live with them after their divorce. Can a child’s preferences determine the outcome of custody matters in Georgia?

The child’s wishes are one of many considerations

Current best practices in the Georgia family courts require that judges think about the best interests of the children, which usually involves shared custody. When there is a dispute about custody that parents cannot resolve on their own, judges look closely at family circumstances to try to settle the matter in a reasonable fashion.

Judges look at factors including the health and needs of the children, the abilities of the parents and any complicating factors, like substance abuse. The child’s wishes can be among the considerations that a judge reviews when settling a custody dispute. If the child is 14 or older, they have the option of making their preferences known during a custody dispute.

A judge can consider the child’s stated wishes and their reasoning behind those wishes along with other important details about the family. Family law judges unlikely to end the parenting time of one parent just because the child does not currently want to spend time with them.

Judges may encourage attempts to heal the relationship by ordering shared custody. The more time the child spends with the parent, the better their chances of improving their bond. Parents also have the option of resolving custody matters on their own so that neither a judge nor their teenagers have much control over the final terms.

At the end of the day, learning about how Georgia handles contested custody cases may benefit concerned parents. A difficult relationship with a teenager does not automatically prevent a parent from seeking shared custody, but an emotional situation should be handled with care.

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