How old does a child have to be to decide who he/she wants to live with? Can he/she move to a different state with whichever parent he/she wants? Do you have to go to court if he/she can decide?
2006-09-30 11:16:08 · 5 answers · asked by white_dove521 1 in Family & Relationships ➔ Marriage & Divorce
From personal experience, every judge in Nebraska goes by his or her own set of rules listening to what the children want. The judge met in chambers with my kids. As for moving out of state I think it's a No-No unless the court grants it. Yes you must go to court to do this. It is easier if the parents agree to everything, then there is no need for a lengthy hearing. Attorneys meet with the judge and that's it. If a parent contests it be prepared for lengthy battles with appeals and such. My ex fought it all the way to the state supreme court, it took 4 years. All the bickering and manipulation by both parents and kids took quite a toll mentally, no one will ever be the same.
2006-09-30 11:32:50 · answer #1 · answered by whatshisface 4 · 0⤊ 0⤋
I will assume that the child's parents were married and both lived in Nebraska long enough so the state has jurisdiction over the "divorce" and custody of the child.
Generally at 14 years of age the court will listen carefully to what the child has to say, but the court will have to see a compelling reason to allow sole custody to one parent. The theory is that it is in the best interest of the child to be raised by both parents.
And no, you cannot move to another state unless both parents agree and the court grants permission.
Questions like this indicate that someone intends to "tear" the child away from one parent. I suggest that both parents set their issues aside and focus on what is best for the children. Given that the marriage is dissolving, each angry parent may have their own idea of what is best for the kids.
It is awful enough on the kids to witness the parents splitting up, as they tend to feel at fault.
Please place the health, safety and welfare of the child at the top of the priority list and devise a co-operative parenting plan. Good Luck
2006-09-30 18:31:19 · answer #2 · answered by Sociallyinquisitive 3 · 1⤊ 1⤋
Age of reasoning. It all depends on the judge. Ive personally seen it done at age 4 but that is extremely rare. If requested, the judge takes the child into his chambers with attys present and asks the child several questions and if the judge feeels the child can understand and answer reasonably, then he will let the child decide as long as its in the childs best interest, provided the parent the child picks can provide a stable and good environment for the child. Only the judge can okay it if it means living outside court jurisdiction. Now if the judge rules against the child deciding, then the child is usually awarded to the mother unless there is documented proof of child or drug/mental abuse. This is standard proceedure across the US. Good luck
2006-09-30 18:28:21 · answer #3 · answered by Arthur W 7 · 1⤊ 1⤋
Well here in the u.s i most def know 18 is the legal age to make ur own decisions, and if he/she has the legal age, he/she may move wherever they want..... And i dont think u have to go to court if the child or should i say adult has the age to go wherever he wants to ....Because thats there decision at that age and not ur's
2006-09-30 18:20:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
i found a site saying nebraska is among the exceptions, and the age is possibly 19 or 21, check it out here : http://www.custodyreform.com/reform-files/reform-faq.html#Age
2006-09-30 18:21:33 · answer #5 · answered by BeKkY87 2 · 0⤊ 0⤋