Everyone in this world has a right to express their feelings in their own respective manner. This rule goes out for all; men, women, old and even the young ones. Every person is given respect to conveying their emotions and suggestions to others.
This freedom of expression is not only for the mature but also children can decide for their well being. Special consideration is given to them when it comes to adoption matters. The Georgia State Law strictly sees to it that the child is provided with the freedom of choice and the custody is given accordingly.
Explaining Child’s Freedom of Choice:
An underaged child can take his/ her own decision when not under the care and custody of either of the parent. There are many circumstances under which the minor has the freedom to do anything. This type of minor is believed to be an adult for various reasons.
When a Child has this Freedom?
There are several circumstances under which a minor can be considered an adult according to the state laws of Georgia. The right term to use for it is emancipated minor which means that the child is free to decide for the important things in his/ her lives.
Married to Someone:
If the minor is married legally to someone then the power of making decisions comes into the hands of the person. After this step, the minor is relieved from the custody of the parents.
Reaching 18 years:
18 years is the age in which the child no longer remains one and becomes an adult automatically. He is now free to have a driver’s license, apply for college and marrieswhomever he/ she choose without the consent of the parents.
Part of the Armed Forces:
There are many minors who serve the armed forces. So Georgia law states that all minors in the armed forces have the right to make their own decisions without consulting either their mother or father.
Filling Petition in Juvenile Court:
Contacting the juvenile court to file a petition that the minor wants to be emancipated is also one of the ways. After the petition is filed the minor has to be during all of the hearings of the court as it will be in the best interest of the minor.
Georgia State Lawabout Child’s Custody:
You might be thinking that how freedom of choice is related to custody of a child? To your utmost surprise, the custody of a child is directly linked with how the child feels. The various agencies like Tom Tebeaunot only provide adoption services but also help in custodial problems. These agencies follow below mentioned the state laws of Georgia.
Kinds of Custody:
Whether a person is going to have an individual or joint custody; it is important to determineif the applicant wants either of the two kinds of custody;
- When the parents have a legal right to take all the necessary decisions for their child. In the matter of joint- custody, both of the parents can decide for the welfare of the child.
- Physical custody is a term referred to the child living with the parents. The joint- custody allows each of the parents to spend an identical amount of time with the child.
Custody to Either Parent:
Initially, the custody of the child will go to either the birth mother or father. It is their right as biological parents but circumstances forbid at any occasions and they are denied custody. So that case the protection of the child goes to the blood relatives and if there are none then the child can be sent to a foster home.
The Judge will decide:
In normal court proceedings,the jury is the one who makes the final verdict for it. But when it comes to the custody of the child the judge is the only person who can pass outa judgmentafter listening to the arguments of both sides.
Factors Determining Custody:
Not only the judge pondersover the whole case but also the attachment of the child is really important. The judge will see that the intensity of the bond of the child with either of the parents, stepparent, step-siblings and other blood relations.
Freedom of Choice to Child:
It is very crucial that the choice of the child is taken into consideration. When the child has reached the age of 18 years he/ she can make their own decisions. They can either live with any of the parents, independently or with people of their own choice.
Custody can be revoked:
If the judge is informed that the custodian of the child has not exhibited the right attitude and behaviortowards the child; then the rights of the custody can be denied and can be given to the other parent. If the child is been taken care of by only one parent then he/ she is handed over to others.
Both Parties keep in touch:
The Georgia State Lawdeclares that both the parents have the right to keep in touch with the child. Both can spend equal time as per the court orders. But at many times the custody of the child is given according to the choice of the child.