A friend of mine wants to get a divorce in the State of Missouri and they have 2 children. They are 15 and 9. Are they old enough to choose who they want to be with or will the court decide no matter what?
2006-11-07 17:58:33 · 4 answers · asked by Vixen 2 in Family & Relationships ➔ Other - Family & Relationships
I'm not sure what the law states in Missouri but in California, when I was in a custody battle for my three sons, my lawyer told me that because my sons were of "responsible age," the judge would take into consideration, their opinion of who they should live with. The oldest was 15 and the twins were 13. This was a little scary since all three lived with their dad (I was the one that left the marriage and he filed for divorce, asking for custody of the boys). I was counseled not to discuss living arrangements with them, as it would come out when the Judge talked to them (i.e., he would specifically ask if each parent talked to them about choosing which parent to live with) and if it was learned that we tried to persuade one or the other, it would not look good.
I am not sure the judge will solely rely on the 9 year old but he will take it into consideration, as he would not want to split the children up. At 15, the child should be able to make a rational decision based on certain inquiries that will be made in order to help make a decision on which household would be best to bring the children up in through a divorce.
So, in the end, yes, the court will decide, no matter what; taking into consideration the feedback the judge receives from the children and any evidenced matter that is disclosed through mediation (if they have to go through that).
2006-11-07 19:54:38 · answer #1 · answered by terryoulboub 5 · 0⤊ 0⤋
I think the court will take into account the wishes of the children. But if the court feels that the children have been "coached" by either parent, then the children's wishes might not be taken into consideration.
2006-11-08 02:06:20 · answer #2 · answered by Luken 5 · 0⤊ 0⤋
I believe that the children are old enough to decide what parent they want to live with, but I'm pretty sure that the judge is the one who determines who gets custody, he or she need to make sure that the home the child lives in is a safe and stable environment.
2006-11-08 02:04:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
if they were more than 16 years old they were able and under 7 before they get to7 years old court will give them to mother if mother wants them and after 7 they will be with their father
2006-11-08 03:15:52 · answer #4 · answered by milad m 2 · 0⤊ 1⤋