My name is Kelly Boswell. I’m an attorney at Watson Spence where I’ve practice family law litigation for 20 years.

One of the more recent developments in family law that I think are interesting is the change in the family law in the state of Georgia with regard to a 14-year-old child’s right to elect his or her custodial parent. A few years ago in Georgia, the law was that a 14-year-old got to elect which parent he or she wanted to live with and the judge was bound by that child’s decision. After many years of very heated litigation over 14-year-old’s right to choose, the legislature changed that rule so that now if a 14-year-old child or older chooses to live with a parent, the judge has the absolute right to investigate the best interest of the child in order to determine whether the child’s election is in fact in his or her best interest. This prevents years of litigation with regard to teenagers who may be hormonal or maybe wanting to take back some control over the family situation. It’s the judge’s right now. Instead of being bound by that child’s decision, whether it’s in his or her best interest or not, to examine the facts, examine the custodial facts in each house, and determine which household is in fact best for the child regardless of the child’s decision.

Now the judge will still be duty bound to listen to the child’s decision, allow the child to testify and listen to the child’s reasoning as to why he or she wants to live with mom or dad. But the days of the child choosing to live with the other parent simply because the car got taken away or the child got disciplined in some manner in which he didn’t like, are over. Now the judge has the discretion to come in and overrule the child’s choice if the judge finds sufficient evidence that the child’s choice is not in fact in his or her best interest.

I would encourage anyone with custodial issues to call me. I’ve practiced family law for over 20 years and would be glad to help anyone with a custodial situation.