What Rights Does My Child Have in Georgia Compared to an Adult? A Clear Guide for Parents and Legal Guardians
Georgia law treats children and adults differently in specific scenarios. Georgia recognizes children as less mature, less independent, and more in need of protection. That means their rights and responsibilities can differ significantly from those of adults. If you are wondering how Georgia safeguards a child differently and when adulthood officially begins, this guide breaks it down with real-world examples.
Age of Majority: When Childhood Ends in Georgia
Georgia law considers anyone under 18 a minor. At 18, a person becomes a legal adult and gains the full spectrum of rights and responsibilities. This milestone affects everything from contracts to court proceedings.
For example, a 17-year-old arrested for a serious felony could still face adult charges under Georgia law. At the same time, a 16-year-old would usually go through juvenile court. Georgia also makes exceptions for dependent adult children. If a disability begins before age 18, courts may require parents to provide continued support even after the child turns 18.
Legal Rights: What Children Can and Cannot Do Alone
Medical Consent for Minors
Children under 18 usually cannot make their own medical decisions. However, Georgia law creates exceptions. A legally emancipated 16-year-old can consent to their own medical care. And a 17-year-old parent can consent to treatment for their baby, even if they cannot for themselves.
Custody Choices for Teens
Georgia also gives minors some say in family matters. At age 14, a child has the legal right to choose which parent they want to live with in custody disputes, whether in a Macon courtroom or a Gwinnett County family dispute. Courts will generally honor that choice unless the parent proves unfit.
Rights Adults Have That Minors Do Not
In Georgia, adulthood brings full autonomy while childhood remains protected by legal limits. At 18, individuals can vote in state and federal elections, serve on juries, sign leases, consent to their own medical treatment, and manage their finances. Legally, Georgia expects adults to support themselves without parental or state assistance.
By contrast, minors cannot take these actions independently. For instance, a 16-year-old cannot legally sign a car loan, and a 15-year-old cannot get surgery without parental consent. Limited exceptions exist: a teen parent can consent to medical care for their own child, and teens 14 or older can choose custody arrangements. But outside of these scenarios, minors remain legally dependent, with Georgia law designed to protect them until they reach adulthood.
Juvenile vs. Adult Criminal Proceedings
Georgia operates separate systems for juveniles and adults. Juvenile court prioritizes rehabilitation over punishment, often offering services like counseling or community-based programs. For example, a 15-year-old caught shoplifting will likely appear in juvenile court, where the focus is on guidance and accountability rather than harsh penalties.
What Resources are Provided in Georgia Juvenile Courts?
Juvenile courts in Georgia often connect minors to educational support, counseling, mentorship programs, and rehabilitation services instead of incarceration. Depending on the case, courts may offer minors diversion programs, community service opportunities, or access to behavioral health treatment. The goal is to provide tools that redirect young people toward positive outcomes, rather than imposing the same punitive measures used in adult courts.
However, Georgia treats some cases differently. Criminal law considers 17-year-olds adults, which means a 17-year-old charged with burglary could go straight to adult court. Even younger teens can face adult charges if the crime is severe enough, particularly in cases of violent felonies.
Why It Matters: A Parent’s Legal Perspective
For Georgia parents, knowing these differences is not just theoretical; it is practical. A custody battle in Atlanta, a juvenile case in Macon, or a medical emergency in Savannah all hinge on whether state law sees your child as a minor or an adult. Understanding your child’s rights helps you act quickly and confidently, whether you are advocating in a courtroom, at a doctor’s office, or in a school setting.
When considering parental and children’s rights in civil cases, Georgia law also makes meaningful distinctions. Parents may have a legal claim both individually and as the guardians of a minor child. As the child’s parent, you can pursue damages for medical bills and repayment of expenses, along with other economic losses. As the child’s legal representative, you can pursue compensation for the child’s past and future pain and suffering and other damages. You can also typically enter into settlements on behalf of your child. However, entering into a civil settlement on behalf of your child is a weighty decision with strict legal requirements. For example, settlements related to child injury must typically be approved by either probate court or a trial court. The approval process can be daunting. The courts will require settlement funds to be protected via a trust, annuity, or similar financial vehicle if the settlement exceeds $25,000. This is precisely why experienced legal counsel is critical. An attorney can guide you through these nuances and ensure complete protection for both you and your child.
Frequently Asked Questions About Children’s Rights in Georgia
At what age can a child refuse visitation in Georgia?
At 14, Georgia law allows a child to choose which parent they want to live with in custody disputes. However, courts can override the choice if they deem the selected parent unfit. Younger children (ages 11–13) may have their preferences considered, but the judge makes the final decision.
Can Georgia charge a 17-year-old as an adult?
Yes. Georgia treats 17-year-olds as adults in the criminal justice system. So, a 17-year-old charged with a crime in Fulton or Cobb County will most likely go through adult court rather than juvenile court.
At what age can a minor consent to medical treatment in Georgia?
Generally, minors cannot consent to their own medical care. Exceptions include emancipated minors, minors who are married or in the military under certain conditions, and minor parents who can consent to treatment for their own child.
What is the age of majority in Georgia?
The age of majority in Georgia, when a person gains full adult rights, such as signing contracts, voting, and managing their own finances, and when parental support obligations usually end, is 18.
When to Call a Lawyer About Your Child’s Rights in Georgia
Understanding the differences between a child’s rights and an adult’s rights in Georgia is not easy and involves deep knowledge of certain nuances and laws. Most everyday questions about school, parenting, or medical decisions do not require legal intervention. But when your child’s rights intersect with the courts, a medical provider, or the justice system, having a lawyer on your side can make a critical difference.
If the court ignores your 14-year-old’s custody preference, your teenager is facing charges in adult court, or a medical provider denied care because of age, you do not have to navigate those challenges alone. An attorney experienced in Georgia family and juvenile law can explain your options, protect your child’s interests, and help you move forward with clarity and confidence.
Georgia law draws sharp lines between childhood and adulthood, but every case has nuances. When your child’s future is at stake, legal guidance ensures those lines do not become roadblocks to their well-being.
Contact a Georgia child rights attorney today to understand your child’s legal protections and get the guidance your family deserves.
Key Georgia Statutes on Children’s Rights
For parents and guardians who want to dig deeper, here are a few of the laws that shape children’s rights in Georgia:
Emancipation of Minors: O.C.G.A. § 15-11-720 – sets criteria for minors (16+) to petition for legal independence.
Custody Decisions by Minors: O.C.G.A. § 19-9-3(a)(5) – allows children 14 and older to choose which parent to live with, subject to court approval.
Juvenile Court Jurisdiction: O.C.G.A. § 15-11-10 – outlines how and when juvenile courts oversee cases.
Age of Majority: O.C.G.A. § 39-1-1 – establishes 18 as the age of legal adulthood in Georgia.
Child Support Obligations: O.C.G.A. § 19-6-15 – details how long parents must provide financial support.
Approval of Minor Settlements: O.C.G.A. § 29-3-1, 29-3-2, and 29-3-3 – controls when and how a person may settle and compromise a claim on behalf of a minor child
