It differs depending on what the courts think. If they think that the child is mature enough to decide they will allow it or if a child expresses a wish to live with one or other parent this will be taken into account. The courts will maybe nominate a guardian ad litem to assist the child in the decision and ensure that there is no excessive pressure being put on the child from either parent.
2007-10-21 12:20:01
·
answer #1
·
answered by whats my name again 5
·
0⤊
0⤋
I did a legal memorandum on this subject several years ago. The laws may have changed,of course, but at that time they were based on case law from a case that originated near my home...
The bottom line was, if a child is old enough to articulate to the Court's satisfaction their reasons for wanting to live with one parent versus the other, then the Court MAY use the child's personal statement as this decision is made.
So.. if a kid is 12 and can clearly state his reasons for wanting living with dad instead of mom, the Court will take the child's wishes into consideration.
Here's how it would work. The kid makes a statement that addresses parenting styles and issues, who their primary care giver has been through the years, schooling, (in other words, which parent is more likely to raise a well-rounded, responsible citizen?) Which one appropriately oversees homework and peer relationships?
If a child's only desire is to live with the parent who is more fun, then the Court is under no obligation whatsoever to even hear the child's statement. So any statements the child makes need to be about which home they themselves perform better in. (At Dad's, the school has more opportunities for involvement in sports, drama, etc... and my grades are better. Dad follows up with homework and keeps an eye on my friends more closely than Mom does. At mom's my grades usually drop down a little... I tend to hang out with kids I shouldn't... )
I have to say, though, through personal and professional experience, a custody battle is a great way to completely destroy a child. If this is an issue that can be worked out and presented to the Court as an agreed-upon decision, that's the better way to go. If this has ANYTHING to do with money, at all, the expenses of long-term therapy and care for a 16 year old who's parents are involved in a custody battle are FAR greater than what he's currently paying in child support.
2007-10-21 12:32:13
·
answer #2
·
answered by Amy S 6
·
1⤊
0⤋
if the father pays child support, i would assume that the mother has custody because i don't believe he would have to pay child support with joint custody. in pa, the age is 14, but i made the decision when i was 12. i'm almost positive the child is old enough to decide which parent he wants to live with.
2007-10-21 12:19:11
·
answer #3
·
answered by thai 5
·
0⤊
0⤋
You get to %. once you're sufficiently previous to come returned to a sort the place to stay on your guy or woman...this is, once you're 18. The choose could ask you in case you have a call, however the choose isn't obligated to evaluate what you opt to be the figuring out ingredient. you're a minor, and you have very few rights. on the different hand, you have particularly some protections that adults have not got.
2016-10-04 07:44:55
·
answer #4
·
answered by eilermann 4
·
0⤊
0⤋
really at an age when they know what is going on and why. 15 is a good age the cild should pick who she/he wants to live with but also visit the other parent equaly
2007-10-21 12:21:02
·
answer #5
·
answered by Anonymous
·
0⤊
0⤋
Different ages in different states....usually 12 to 14.
2007-10-21 12:19:30
·
answer #6
·
answered by claudiacake 7
·
0⤊
0⤋
Whoa! Sounds just like me! 'Cept, I don't live in New Jersey. I think they have to be 16.. I don't know.
2007-10-21 12:18:49
·
answer #7
·
answered by Keever 2
·
0⤊
0⤋
13 i suppose
2007-10-21 12:18:55
·
answer #8
·
answered by Anonymous
·
0⤊
0⤋
idk but i think if it is a boy the will most likely want to live with there dad and a girl will most likely want to live with its mom...so its probaly gonna be the dad if its a boy and they will probaly pick the mom if it is a girl...
2007-10-21 12:19:53
·
answer #9
·
answered by Anonymous
·
0⤊
1⤋