2007-03-23 11:46:24 · 13 answers · asked by st peter 1 in Politics & Government ➔ Law & Ethics
No...they must be at least 14 years old to pick which parent they live with.....
2007-03-23 11:52:24 · answer #1 · answered by curious_59 3 · 0⤊ 1⤋
Actually, a judge can determine that a 12 year old can choose. It's not a RIGHT to choose, but a judge may believe that depending upon the situation and the child's maturity, the child should be heard on the matter. Courts are granted unusal leeway when it comes to issues of child custody, support and the like. Whatever is in the best interest of the child. A judge may interview the child in chambers to determine if it is the best interst of the child to place the child with one parent or the other. How much weight the judge gives to the child's testimony is one thing. But a 12 year old can be heard and his or her opinion considered in the Court's decision.
2007-03-23 12:01:16 · answer #2 · answered by Toodeemo 7 · 2⤊ 0⤋
The answer to that question varies from state to state. In my state, the Court MUST consider the wishes of a child over the age of 12 in granting custody--and in other non-criminal matters involving a child. My Courts also must consider the wishes of a child under the age of 12 if the child is old enough to articulate his/her wishes. The Judge meets with the child in his office accompanied only by a court reporter or his secretary and the atty appointed to represent the child. The parents are not present and are not told what the child said. That atty is know as a Guardian ad litem. (Roughly guardian for a limited period of time although I've been GAL for one child for 10 years). My state does not follow the "Parental Rights doctrine. Instead, my state follows the doctrine of "best interest of the child." I'm sorry I cannot give you a definite answer, but some states are not as progressive as mine concerning the rights of a child.
2007-03-23 11:57:20 · answer #3 · answered by David M 7 · 1⤊ 0⤋
Yes, unless there is violence, or they think the child is being coerced into staying with a particular parent. Think about how hard it would be to say who you wanted to live with. Your mum? your dad ? kid`s are not daft and the parent`s should try sort this without making the child take this decision. Who is in the best position to care for this child. My kids didn't like their dad that much and he disowned them when we split up. the odd thing was they were 11,14 and17 what a stupid man but he regrets it now.. Too late
2007-03-23 14:43:07 · answer #4 · answered by Spike 3 · 0⤊ 0⤋
there is no simple answer, it varies case to case, the maturity of the child and the family circumstances. Key is the CAFCASS interview (in the UK) - if the child doesn't state clearly his/her wishes the officer will state no preference, the officers are trained in assessing children from a range of different angles.
2007-03-25 05:57:55 · answer #5 · answered by nucleus 1 · 0⤊ 0⤋
That depends on the laws where you live. I live in Alberta (Canada), here it is 12 years of age.
2007-03-23 11:54:31 · answer #6 · answered by freebird 3 · 1⤊ 0⤋
No. They have the right to be heard by a family court, but the decision isn't theirs.
And if you let them, they'll play one parent off against the other using emotional blackmail.
2007-03-23 11:52:36 · answer #7 · answered by Anonymous · 2⤊ 1⤋
No. A judge will hear them at 14.
2007-03-23 11:54:26 · answer #8 · answered by Anonymous · 1⤊ 0⤋
if there is a parental dispute a child's wishes can be taken into account by the court
2007-03-23 12:05:55 · answer #9 · answered by susan will of the wisp 4 · 0⤊ 1⤋
nope. sorry. i recently turned 14 and just gained the right to decide wich parnet i want to live wiht
2007-03-23 11:53:30 · answer #10 · answered by Tayy :] 1 · 0⤊ 1⤋