If a parent is granted full custody, but the child is wanting to live with the other parent - at what age can they legally decide who they would like to live with?
2006-08-21 08:14:49 · 35 answers · asked by AJ 1 in Family & Relationships ➔ Marriage & Divorce
my brothers and i decided to live with my dad and the youngest of the 3 of us was 12 at the time.
But you can read that for yourself:
Can a child choose their managing conservator?
At age twelve (12) a child may, in writing, inform the court of his/her choice of managing conservator and the Court will consider that, along with other evidence relating to what is in the child's best interest, in making a decision. However, the child's choice is not binding on the Court, and the Court will focus on what is in the child's best interest. The courts generally prefer that the child not be in the middle of making such a decision - one that should be made by the parents.
2006-08-21 08:30:22 · answer #1 · answered by copaceticlove 3 · 0⤊ 0⤋
It all depends on the maturity of the child. And whether they are making the decision because they honestly think they would be better off there, or just tying to get away from a situation they don't like. You're the parent. You should have some idea about why they're asking. And you use that to base the decision on. But make sure the other parent is in total agreement first, and TALK TO THEM YOURSELF. Kids lie to get there own way more often than not so don't take any child's word for it. And make sure the situation in the other parent's home is what you would wish it to be (no drugs, or wild partying, etc.).
Ultimately, you are the one with full custody. It is up to you to make any changes to that.
2006-08-21 08:25:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
My mother is going through a divorce now and she got full custody of my brother I think a child can decide as Long as the other parent isn't abusive.A child should be at least 10 to decide. The court usually grants it to the mother
2006-08-21 08:22:39 · answer #3 · answered by bfa 2 · 0⤊ 0⤋
it all depends on the law in your state/country.. but most times.. the child needs to stay with the parents that has full custody until the age of 14-16.. after that.. the child can decide... unless of course the custodian parent decide they don't want to have the child anymore.. then new documents can be done and the other parent appointed.. check with the law in your area.
2006-08-21 08:22:11 · answer #4 · answered by Lyne B 3 · 0⤊ 0⤋
Children's opinions counts for a LOT these days and provided there aren't any other circumstances such as abuse the legal system will do all they can to provide the child, no matter what the age, with the most comfortable environment for that child...
Hope it helps x
2006-08-21 09:24:03 · answer #5 · answered by Kayla 2 · 0⤊ 0⤋
As soon as they can speak and know right from wrong. My son asked to go live with dad at 11. It has been 3 years and its been the best thing for him. I love him to death and we talk every week, but he needed and wanted the "dad" time. I have never tried to talk him out of it. It has always been his decision to make. Maybe I'm lucky, my ex is a great father to our children. Give your child a chance, please don't ever put your own feelings into this decision. (unless the other parent is unfit in the eyes of a court).
2006-08-21 08:24:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes a child is able to decide who they want to live with. However, most judges will not allow a child to make that decision until they aroun the age of nine or ten.
2006-08-21 08:22:22 · answer #7 · answered by eeyorehero1 1 · 0⤊ 0⤋
it deppends on the state. Each state has thier own laws regarding this. In my state the legal age is 14 and the court will hear the childs opinion in where they want to live and rule from there
2006-08-21 08:24:03 · answer #8 · answered by fire223us 1 · 0⤊ 0⤋
well legally they can't but I would say it would be really hard for a kid to decide that for one thing they generally play there parent's and parent's play there kid's to like they will promise to buy them stuff that the other parent wont and stuff like that so it is hard on everyone.So this is what I think the child should be with whatever parent will take the best care of them regardless of what the kid wants not that there feeling's are not important it is just that they need what is best for them.
2006-08-21 08:25:02 · answer #9 · answered by ? 2 · 0⤊ 0⤋
They can request at age 12.If you do not agree they can have the other parent take it back to court or get free legal aid to take it to court on behalf of the child.
2006-08-21 08:22:20 · answer #10 · answered by annie 4 · 1⤊ 0⤋