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what is the legal age for a child to choose who to live with if their parents get divorced?

2007-08-06 11:38:32 · 12 answers · asked by Anonymous in Politics & Government Law & Ethics

In Tennessee,USA

2007-08-06 11:39:47 · update #1

IF you ask a question on the UK yahoo...its also on that USA yahoo!!

2007-08-06 11:54:13 · update #2

This question was written for a friend in the USA.

2007-08-06 12:12:30 · update #3

12 answers

In Tennessee, the court will make child custody decisions based upon the "best interest" of the child. The court may award sole custody to one spouse or joint custody to the spouses or even custody to a third party. There is a presumption in favor of joint custody if both parents agree. The court considers all relevant factors including the following:

Love, affection and emotional ties existing between the parents and child
Disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
Importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment
Stability of the family unit of the parents
Mental and physical health of the parents
Home, school, and community record of the child
The reasonable preference of the child if 12 years of age or older
Physical or emotional abuse to the child, to the other parent or to any other person
Character and behavior of any other person who resides in or frequents the home of a parent
Each parent's past and potential for future performance of parenting responsibilities
The court may award either sole or shared custody if it is in the best interest of the child. If the court orders sole custody, it will usually award the non-custodial parent visitation rights to see the child.

http://research.lawyers.com/Tennessee/Divorce-in-Tennessee.html#four

Additionally:
"Once they reach the legal age of majority (18), they are allowed to make this decision for themselves. Prior to achieving legal age of majority, courts MAY listen to a child's desires, but are not obligated to grant them what they want. It is still up to the court and what the judge views as being in the child's best interests. "
http://www.divorcesource.com/ubbthreads/showflat.php?Cat=0&Number=35357&an=0&page=0

2007-08-06 11:44:37 · answer #1 · answered by MoonSorceress 4 · 4 0

It really depends on the judges discretion in this matter. There are no set rules on if a child can choose to live with a parent. However Judges do put heavy emphasis on the childs desires. Generally 10-12 years old is when a judge may ask a child which parent they prefer believing any child younger than 10 is not emotionally capable of making the decision (and should be spared the emotional turmoil of having to choose). The childs wishes are balanced against what the judge feels is in there best intrest with older childrens wishes being given more consideration.

2007-08-06 11:48:43 · answer #2 · answered by levindis 4 · 0 1

21. I was "grandfathered in" in my state when the drinking age went from 18 to 19, then 20 and finally 21. I was very irresponsible at that age and felt (as most teens do) indestructible. Many kids at 18 feel like they know how to handle alchohol. They really don't. Drinking, fighting, voting, and having babies should all be put off until you're 21.

2016-05-20 00:31:05 · answer #3 · answered by ? 3 · 0 0

16

2007-08-06 11:53:05 · answer #4 · answered by Eve 2 · 0 1

it 12

2007-08-06 12:10:58 · answer #5 · answered by netak 2 · 0 0

18. After 18, you can live anywhere you want. From about 12 on the court will get input from the child, however the court makes the final determination, not the child.

2007-08-06 11:43:23 · answer #6 · answered by davidmi711 7 · 1 0

You would want to go to the county page you live in under family courts and check that out. In Oregon the law is 12 years old. They have the child talk to the judge alone and then the judge asks questions and makes a decision.

2007-08-06 11:42:55 · answer #7 · answered by Anonymous · 1 1

well when my sister split up wit her partner about 7 yrs ago now she has 4 children to him and the oldest one wanted to go with him she was 12 yrs old at the time and the courts let her decide and got to live with her dad.

2007-08-06 11:57:28 · answer #8 · answered by baby dust for me 5 · 0 1

Any age. Just take your parents to the social services and they will move you away from them.

2007-08-06 12:38:41 · answer #9 · answered by K. Marx iii 5 · 0 0

i'd say when a child is machore enough to make the right choises

2007-08-06 11:48:09 · answer #10 · answered by Snowhiteyes 3 · 0 3

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