HB 1411 - Minors; age 12; select custodial parent

First Reader Summary

A BILL to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to lower the age at which a child shall have the right to select the custodial parent from 14 years to 12 years; and for other purposes.

Tolbert, Scott (25th)
Status Summary HC: Judy SC: LA: 01/29/98 H - Read 2nd Time
Page Numbers - 1/ 2
House Action Senate
1/28/98 Read 1st Time
1/29/98 Read 2nd Time

HB 1411                                            LC 26 0578 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 9 of Title 19 of the Official Code of 
  1- 2  Georgia Annotated, relating to child custody proceedings, so 
  1- 3  as to lower the age at which a child shall have the right to 
  1- 4  select the custodial parent from 14 years to 12 years; to 
  1- 5  provide an effective date; to repeal conflicting laws; and 
  1- 6  for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Chapter 9 of Title 19 of the Official Code of Georgia 
  1-10  Annotated, relating to child custody proceedings, is amended 
  1-11  by striking in its entirety paragraph (3) of subsection (a) 
  1-12  of Code Section 19-9-1, relating to custody of minor 
  1-13  children of a marriage when a divorce is granted, and 
  1-14  inserting in its place the following: 
 
  1-15      "(3) In all cases in which the child has reached the age 
  1-16      of 14 12 years, the child shall have the right to select 
  1-17      the parent with whom he or she desires to live.  The 
  1-18      child's selection shall be controlling, unless the 
  1-19      parent so selected is determined not to be a fit and 
  1-20      proper person to have the custody of the child. The 
  1-21      court may issue an order granting temporary custody to 
  1-22      the selected parent for a trial period not to exceed six 
  1-23      months regarding the custody of a child who has reached 
  1-24      the age of 14 years where the judge hearing the case 
  1-25      determines such a temporary order is appropriate." 
 
  1-26                           SECTION 2. 
 
  1-27  Said chapter  is further amended by striking in its entirety 
  1-28  paragraph (4) of subsection (a) of Code Section 19-9-3, 
  1-29  relating to cases in which the custody of a minor child or 
  1-30  children is at issue between the parents, and inserting in 
  1-31  its place the following: 
 
  1-32      "(4) In all custody cases in which the child has reached 
  1-33      the age of 14 12 years, the child shall have the right 
 
 
 
                                 -1- 
 
 
 
  2- 1      to select the parent with whom he or she desires to 
  2- 2      live.  The child's selection shall be controlling unless 
  2- 3      the parent so selected is determined not to be a fit and 
  2- 4      proper person to have the custody of the child." 
 
  2- 5                           SECTION 3. 
 
  2- 6  This Act shall become effective on July 1, 1998. 
 
  2- 7                           SECTION 4. 
 
  2- 8  All laws and parts of laws in conflict with this Act are 
  2- 9  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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