Just wondering if anybody out there, hopefully a family law lawyer can tell me at what age a child can legally decide which parent they want to reside with the majority of the time?? I am headed for a legal battle and trying to cover myself. Thanks a ton!!!
2006-07-25 14:41:05 · 6 answers · asked by tapluverr 1 in Family & Relationships ➔ Marriage & Divorce
Here we go again! I have mentioned this before when others have asked the same question.
To be sure, this is the sort of question you need to ask a qualified attorney in your state. But, in my legal research in the 80's, in most states there is no such legal right at all. This is a myth.
Judges are supposed to "consider" a child's wishes when the child is old enough to make sense. But, consider is not the same as "obey".
There has been enough experience with parents trying to buy the kid one way or another, that courts will look over the case really carefully to make sure there are no shenanigans by either parents.
If you want to change custody, you should be ready to prove it is in the best interest of the child to change custody, not just that the kid says "I want to live with the other parent."
As I have said, I would read a court case from one state or another, which said the child's desires were only one factor, and not at all binding, but people who had no idea even where to do legal research would call me a liar, and tell me they "knew for a fact" that the kid got to make the decision.
Consult a good attorney on this before you do anything foolish or get your hopes up too much.
2006-07-25 14:58:47 · answer #1 · answered by retiredslashescaped1 5 · 0⤊ 1⤋
The age changed from 14 to 12 quite sometime ago.
2006-07-25 15:23:34 · answer #2 · answered by turlockturkeys 2 · 0⤊ 0⤋
inspite of what age a baby can legally come to a determination which parent to stay with, the courtroom/father and mom additionally could desire to contemplate which residing affiliation is extra effectual for the youngster. sometimes a baby could extremely stay with one parent whilst perchance that parent won't be in a position of grant as nicely with the aid of fact the different parent, or perchance the youngster could extremely stay with the parent who won't be in a position of grant that nicely, yet perchance that parent is extra nurturing and might grant extra effectual emotionally than the extra well-off parent. those issues ought to be considered. sometimes babies do no longer constantly be responsive to what's of their maximum suitable hobbies, regardless of what they want, with the aid of fact they lack the existence journey to work out the finished photograph. unquestionably, what they want ought to be considered, and in the event that they're of criminal age to make their own selection as to what parent they desire to stay with, that could desire to be taken into consideration. All factors ought to be seen as nicely, despite if, for the sake of the youngster.
2016-10-08 07:58:57 · answer #3 · answered by armiso 4 · 0⤊ 0⤋
In almost any state; it's up to the judge. If the judge thinks the child is mature enough and has NOT been coached in their answers; they might take the child back into their private chambers to talk to them.
2006-07-25 15:11:51 · answer #4 · answered by madamspinner2 3 · 0⤊ 0⤋
its eight years old
i know cuase i did it
2006-07-25 15:15:17 · answer #5 · answered by 7am gangster 3 · 0⤊ 0⤋
12 yrs. old.
2006-07-25 14:45:45 · answer #6 · answered by TMAC 5 · 0⤊ 0⤋