At what age and to what extent should children have a say about custody?
2007-04-29 11:11:52 · 3 answers · asked by thrasher_girlforlife 1 in Politics & Government ➔ Law & Ethics
in my state, the Court MUST listen to a child over the age of 12 and may listen to any child regardless of age who can express his/her opinion. I've had clients as young as 6 talk to the judge. BTW-this is done in chambers with only the Judge, the court reporter, and the child's attorney present. I believe the court should always listen to a child who wishes to express his/her preference and should honor those preferences if they are valid. A very young child might prefer a parent who allows the child to eat ice cream for dinner or to go to bed whenever the child choses. That's not a valid reason. On the other hand, I've had very young children tell a judge why they do not want to live with an emotionally abusive parent and the Court has honored those wishes. My state may be different than others, however. We do not honor the parental rights doctrine that treats children like property. We follow the "best interests of the child" doctrine. In a contested matter involving a child, the child is always given an attorney.
2007-04-29 11:28:38 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Legally they don't have a say.
Morally I would want my child's opinion on custody as soon as they are able to carry on a reasonable conversation. I would ask them in a familiar setting outside of the court though so they could be comfortable and give you an honest answer.
2007-04-29 18:21:55 · answer #2 · answered by Dan S 7 · 0⤊ 1⤋
Whatever the legal community has established for your stinking area. This isn't YAHOO Hypothetical Answers. It's Answers!! Not theories or heresay.....just answers.
Oops, I don't know if your area stinks or not, sorry.
2007-04-29 18:24:21 · answer #3 · answered by j2daj 3 · 0⤊ 1⤋