I was just wondering how old a child had to be before they are allowed to choose who they want to live with? Or is it just pretty much the judge's decision no matter what?
2006-09-23 03:46:42 · 9 answers · asked by tedbear's woman 2 in Family & Relationships ➔ Marriage & Divorce
It depends on the childs ability to understand and reason. Ive seen children as young as 4 do this and decide. The judge usually pulls the children into his chambers without parents but attys are present and asks them a few questions and if the judge feels the child can reasonably understand and answer, and if all parties agree then the child decides his own custodial parent,especially if its in the best interest of the child. Nothing in a court of law is guaranteed.
2006-09-23 03:52:48 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
It depends on the state you live in. In my state it is up to the courts to decide what is in the best interest. It doesn't' matter if the kid will be 18 a day after the hearing, legally. However, they will take the childs feelings into consideration. More than likely they would be with the parent of their choice unless the one they choose is unstable in some capacity (drugs, finances, extreme emotional problems would be examples)
2006-09-23 05:06:28 · answer #2 · answered by ? 6 · 0⤊ 0⤋
Depending on the circumstances, in cali, the age is 16 if there is no history of abuse or neglect. the problem is that when people divorce, it's usually not nice and there is always a report of abuse, neglect or infidelity. The child gets appointed an attorney to protect their interest, paid for by the parents, and that attorney writes a report to the courts telling them where the child should be. they can even suggest foster homes!!
2006-09-23 03:52:48 · answer #3 · answered by exel 2 · 0⤊ 0⤋
at 14
2006-09-23 03:54:23 · answer #4 · answered by just_me_1955 5 · 0⤊ 0⤋
At 14 the child can tell the court who he/she would prefer to live with and the judge will take it into consideration... *but*, it is still up to the judge to decide.
2006-09-23 03:50:01 · answer #5 · answered by Avid 5 · 0⤊ 0⤋
Depends on the state you live in. In California it is 12 y.o.
2006-09-23 03:52:06 · answer #6 · answered by Anonymous · 1⤊ 0⤋
15 years of age,,the judge will appoint a guardian to talk to the child.and see witch parent is better suited,never stop fighting for what you believe in.
2006-09-23 03:51:31 · answer #7 · answered by tysgrandma99 4 · 0⤊ 0⤋
here in oklahoma where i live they can be 12. that happened to my daughter when her son was12, he got tomake up his mind and say unless the courts think they are in danger then they do so for them.
2006-09-23 03:53:06 · answer #8 · answered by Anonymous · 0⤊ 0⤋
it the state of florida it is 13.
2006-09-23 04:08:10 · answer #9 · answered by Jamie Spade 1 · 0⤊ 0⤋