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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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How old does my child have to be before she can decide on wether

Resolved Question:

How old does my child have to be before she can decide on wether or not she doesn't want to visit her mom every other weekend? -Georgia-
Submitted: 7 years ago.
Category: Legal
Expert:  Sam replied 7 years ago.



Georgia courts may listen to the wishes of the child if the child is old enough to articulate feelings as to why they do not want to make the visit. for instance, if a child has extra curricular activities they are involved in and the visitation would interfere with that or if while there the child has been placed in danger or feels threatened in some fashion.


in other words, the court wants what is in the best interest of the child, but does not like to disrupt a bonding or relationship if it is not necessary


if your daughter does not want to visit with the Mom then she should first discuss the issue with her Mom and see if they can come to some sort of compromise. if that does not work, then you will need to file for a modification and request the court speak to your daughter about her preference. this is generally done in the judge's chambers where a child would not feel intimidated by either parent. the judge may then make a decision based on the preference of the child



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