2007-11-05 04:53:14 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
While the law may permit it, I would highly advise against this. The decision on where to live is not the child's and the child should never be placed in the position where they feel the decision is theirs. It is a cruel thing to do to a child and many courts will not allow it.
Instead, consider a guardian ad litum. The GAL will interview the child and in the process get an understanding of where the child prefers to live and why. This saves the child from being dragged in to court. The GAL can also look at the situation in each home and make unbiased recommendations.
2007-11-05 04:59:49 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Actually, the child can be any age as long as the Judge can determine that the child knows the difference between telling the truth and telling a lie.
Most judges don't like for children to testify about this issue because it pits the child against one of the parents, or it lines up the child with one of the parents against the other one. Most judge's feel that this kind of testimony might create irreparable damage to the family unit, even though the unit no longer lives together.
Now, I strongly suspect your question really is: at what age can I be the one who determines who I live with?
While most states say that ages 12-14 is the age range, I don't know any state that says that is carved in stone. The Court still has the responsibility to act in the best interest of the child, and while the child's wishes will be strongly considered, the Court still has the responsibility to make the final determination.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-05 13:05:18 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
at the age of 1 or 2 if the court deems the child of sufficient maturity to respond and understand the questions posed.
At what age the child may determine where they want to live is up to the discretion of the court EXCEPT in Georgia where, by statute (law) a child of 14 has the legal right to select with which parent they will (may) live.
2007-11-05 13:17:05 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
Most States reserve this for ages 12 to 14. Considering the childs well being also enters into the end decision.
2007-11-05 12:57:53 · answer #4 · answered by sensible_man 7 · 0⤊ 1⤋