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how old does the child have to be to choose which parent he/she will live with after a divcorce?

2007-11-11 03:16:47 · 13 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

13 answers

There truly is no set age a child gets to pick and the decision is made by the judge based on whom he thinks will be the best place for the child. The judge can give the child a chance to say what they want, but the final word is the judges.

2007-11-11 03:42:33 · answer #1 · answered by az_mommma 6 · 0 0

I think it depends on the state, but in most cases and states it is 12 or 13. Before that, the judge will/can talk to the child and hear what the child has to say and then take it into consideration upon divorce. But a child cant demand or be coerced into saying or telling where or who they want to live with. The judges decision is always in the best interest of the child.

2007-11-11 17:05:55 · answer #2 · answered by Southern Belle 2 · 0 0

Most states consider many factors when determining custody. A child's perference is usually one of those factors, but not the only consideration. The child needs to be of sufficient age and intelligence to express a perference, so somewhere around the age of 13 or 14. However, Judges frequently do not want the children to express a perference and will bar their testimony.

In a very few states, like West Virginia, a child of a certain age can decide where to live and that is the only consideration in determining custody. The age in WV is 14.

Consult an attorney in your area to determine what the law is and how it will affect your child's perference.

2007-11-11 11:24:34 · answer #3 · answered by miziejean 2 · 0 1

If the child is old enough, the child can choose, after the age of 18 the child is considered an adult.

2007-11-11 11:23:08 · answer #4 · answered by kim t 7 · 0 0

around the age of 13 but the judge will listen to the child at any age and decide based on what he thinks is best for the child at any age

2007-11-11 12:23:49 · answer #5 · answered by George 5 · 0 0

It depends of the laws of the state. I know some states let children choose by age 12 - or used to anyway.

2007-11-11 11:29:07 · answer #6 · answered by tahnwen 2 · 0 1

in most states it is when the child is 12, they can choose.

2007-11-11 12:11:34 · answer #7 · answered by celticbuddha 7 · 0 0

It depends on what state you live in, but most states it is around 14. Ask your local bar association.

2007-11-11 11:33:46 · answer #8 · answered by TotallylovesTodd! 4 · 0 1

Depends on where you live. Where I live it's 12 yrs old.

2007-11-11 11:31:11 · answer #9 · answered by Riley's Mommy 6 · 0 1

it really depends on the judge's decision on that if they are under 18 if they are 18 then they can chose.

2007-11-11 11:19:03 · answer #10 · answered by djmixah7 3 · 0 0

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