I am wanting to know the legal age for a child to be able to make their own decision whether they want to live with the mother or the father.My step son is six and he wants to come live with myself and his father but we are wanting to know what the legal age is without going through courts for custody??? we have been told 9 by a friend. Anyone know?
2006-12-21 03:12:14 · 19 answers · asked by kez 1 in Pregnancy & Parenting ➔ Grade-Schooler
I have legal guardianship of my 9 year old stepson and i know that the age is 14. If you do choose to go to court make sure that you have all your ducks in a row and can prove that your home is what's best for the child.
2006-12-22 00:27:53 · answer #1 · answered by L.L. 1 · 0⤊ 0⤋
Every state has different laws governing how old a child must be before he/she can affirmatively state which parent he/she wants to live with when the parents are divorced and separated. I'm no expert by any means, but in all the states I have lived in over the past decade (Alabama, California, Colorado, Georgia, Michigan and Texas) the lowest age I have seen was 13 -- and it STILL required an application with the court. Best piece of advice I can give you is check the Yellow Pages for an attorney in your area that specializes in family law and gives free initial consultations. He/She will be able to quote the laws in your state and tell you what options you have.
2006-12-21 11:21:56 · answer #2 · answered by sarge927 7 · 0⤊ 0⤋
It probably depends on where you live. Most places it's 12 years old. You don't give any details about his home life or why he wants to live with you; but I hope it's not a case of him being emotionally manipulated / materially encouraged to live with one parent or the other. That would be TOTALLY unfair to the child and completely inappropriate. At any rate, a six year old is NOT mature enough to make such a huge life-changing decision for himself. If his father has a legitimate concerns for wanting to remove his son from the mother's custody (abuse, neglect, etc), and the mother won't volutarily sign custody over to his father, it's best handled through the court.
2006-12-21 11:20:43 · answer #3 · answered by Romans 8:28 5 · 0⤊ 0⤋
If no one wants to fight over it in court, let him go, just apply with the courts for a change in custody and as long as everyone agrees and signs it's no big deal. If one parent wants to fight over it, you go to court, present the case to the judge and the judge will decide if the child is old enough to make that decision.
2006-12-21 11:18:30 · answer #4 · answered by tabithap 4 · 0⤊ 0⤋
It varies from area to area.
In some places, the "official" age is as high as twelve.
It really comes down to the individual judge.
(If you're capable of making such a decision without the courts -- that is, both parents can agree to listen to what their child wants -- so much the better for the child.)
2006-12-21 11:16:18 · answer #5 · answered by Katherine Blackthorne 5 · 0⤊ 0⤋
It varies by state. I've been told that my state is 14 but the courts will listen to the child and consider what he wants at 12. Check with an attorney in your state.
2006-12-21 14:31:50 · answer #6 · answered by Pamela 5 · 0⤊ 0⤋
it varies. research it,you have a computer use it. not to sound sarcastic. do the research and if the father is confident in his speaking abilities,file the motions. you can get custody without a lawyer,if prepared. the court system are generally against it,so be ready for a possible long fight. to the rest of you people saying get a lawyer,it is not required to give your money away. represent yourself in some of your legal matters.
2006-12-21 11:52:37 · answer #7 · answered by J Q Public 6 · 0⤊ 0⤋
I think it's different in every state. Here you have to be 10 years old. but if the judge talks to the child and sees that he really wants to live with daddy and he decides that daddy's house is a safe place to be then he will go with what the child wants.
2006-12-21 11:20:55 · answer #8 · answered by lilmama 4 · 0⤊ 0⤋
If he says that's what he wants, you should talk to a lawyer who can help you, because I'm not sure there is a specific age. I was 13 when my parents divorced and, even though I went to court and said I wanted to live with my dad, I was forced to stay with my mom. It was very frustrating. Get a good lawyer! Good luck!
2006-12-21 11:22:12 · answer #9 · answered by Shelley L 6 · 0⤊ 0⤋
Ask Social Services or Citizens Advice
2006-12-21 11:15:01 · answer #10 · answered by Scotty 7 · 0⤊ 0⤋