There are, of course, life circumstances where, day-to-day, one parent’s occupation will not allow as much time being spent with a child, but the Judge understands and considers that. A child over the age of 12 can express their preference, and their opinion should have significant weight in the court's decision. The Lancaster Law Firm is a full service Law Firm with 2 offices in Central Arkansas. For starters, any child age 17 or older can choose the parent he/she prefers to live with. Therefore, there is no specific age in Wisconsin where a child is able to decide which parent they want to live with. The judge does not have to follow the childâs wishes. Currently there is no specific age where the Court will consider the wishes of a child in deciding custody matters. In many instances of child custody and changes in custody, parents want to know what effect, if any, their child or childrenâs preferences will have with the court or the judge. To go back to the initial question, “At what age can a child decide where they want to live?”, there is no age in which a child can decide where they want to live because they are a minor. Such discussions help the Judge determine if a parent’s main intent is to be the child’s friend instead of the child’s parent. And it is rare for a court to make a custody and access order about a child who is 16 years old or older. However, a child does not need to be over 16 to have an influence on where they would like to live. A child’s desire in which parent to reside is one of many factors the Court will consider. The answer is âit depends.â. For example, there may be a Residence Order or a Child Arrangement Order in place. These folks “hear” that if a child is 12 (or 13 or 14 or 15…), the child has the right to make the final decision as to with whom the child wishes to stay. 12th January 2018 Family Law We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. Many children and parents often wonder at what age a child can decide their own custody / living arrangements. Do You Need To File For Divorce in the State You Were Married In. We regularly get asked at what age can a child decide which parent she or he will live with. From the age of 12 years, a child’s wishes are considered – just considered. My grand daughters farther moved her from Ct. to Florida. After the age of 12, however, the court may consider the childâs wishes in conjunction with other factors. A childâs preference can be most effective when both parents are equally âfit,â all living conditions for the child are relatively equal, and the child is fourteen (14) years of age or over. Her sister lives in Ct. and she would like to move back ⦠To determine the child’s best interest, the judge will consider a number of different factors, including each of the following: the child’s age; the child’s relationship with each parent and anyone else who may affect the child’s welfare As a result, it is not accurate to say that when a child reaches 12 years old they will have the right to choose which parent to live with. Can a child in Rhode Island decide where they want to live? That is too bad for me as it decreases the number of clients I... We have been BBB Accredited since 5/30/1990. We don’t require any sort of court appearance or office visit – you’ll go no further than your own mailbox for the entire process. Many parents tell me their child will be 12 years old, 13 years old, 14 years old soon and will be able to make their own decisions. A child cannot choose which parent they want to live until they are 18-years-old. Although the state of Indiana doesnât explicitly allow children to decide which parent they want to live with, the childâs wishes are taken into consideration once the child turns fourteen. A childâs desire in which parent to reside is one of many factors the Court will consider. If the Child is Over the Age of 14. Well, when a child reaches 16 they are legally able to decide where they wish to live, unless there is a Residence Order or Child Arrangement Order that specifies living arrangement up to 18. Factors considered for when a child can choose which parent to live with: 1. age of the child: There is no set age in Australia and it is a factor to be considered. This communication does not create an attorney/client relationship and is not legal advice. Because their judgement may be skewed. Though many people believe that after the age of 12 or 14, the choice is entirely in the child’s hands, Ohio law doesn’t give minors that power. This is a report done by a specially trained person who talks to you and writes down what you tell them. I suspect that not knowing the answer to it may have stopped a lot of people from contacting a Pennsylvania divorce lawyer (like me). From a practical standpoint, however, family law judges in Louisville and Oldham County are probably going to give more weight to the wishes of a 16-year-old than the desires of a six-year-old. Your child may be able to wish upon a star and have his dreams come true but not necessarily in a divorce or paternity case as to his choice of parent in Illinois. The common perception is there exists some magic age where a child can definitively decide whether to live with mom or dad in a custody or divorce case. A child cannot legally decide who they want to live with until the age of 16 unless there is a child arrangement order in place that has been extended until they are 17 or 18 years old. The simple fact is that a child’s age has very little to do with it and Pennsylvania law does not recognize any particular age as allowing a child to automatically decide. If the Child is Over the Age of 14. Posted Nov 02, 2012 There are many factors that come into play when the courts determine with whom the child will live. I was asked this again just the other day. It is difficult to be both and being mainly the child’s friend is usually an easier path even if it is not the best decision for the child. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference. The only reason this wouldn’t apply is if there’s a Court Order stating that a child must remain with a certain parent until a certain time. The state recognizes that it might not always be the best decision to force a child to live with one parent when he may be closer to the other. Ideally, both parents would understand and want what is best for their child. An attorney can submit details of the child⦠Parents who think they can fool a Judge are very badly mistaken.) In Kentucky family court cases, including those in Louisville or Oldham County, parenting schedules are set by what is in the best interests of the child. CONTACT THE LANCASTER LAW FIRM TO SCHEDULE A CONSULTATION. WHEN CAN CHILDREN DECIDE WHICH PARENT TO LIVE WITH? But, this does not mean that a child… The mere age of your child will not determine your family law matter. Texas does not allow children to choose where to live at any age. Q & A with Clarissa- At what age can my children choose where they want to live? If youâre in trouble, we can help. ©2021 The Lancaster Law Firm, PLLC. in Child Custody People considering divorce often ask at what age a child may decide which parent to live with. Possible Consideration of a Child's Age When Determining Custody. All Rights Reserved. People frequently ask how old must a child be in Illinois to choose to live with either parent. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. This means that a child who is 10 may, in some situations, be able to have input into where he or she will live after a divorce. Let me to dispel this perception. At the age of 14 , the child is typically expected to give a statement, as well. The child's reasons for wanting to live with one parent over the other … After the age of 12, however, the court may consider the child’s wishes in conjunction with other factors. The court will consider the preference in making a custody determination but is not bound by the preference. Contrary to popular belief, there is no golden age at … Children up to the age of 17 have had their wishes ignored. t’s much less simple for children under the age of 17. Frequently Asked Questions What age does a child need to be to decide which parent they live with? Laws differ by state, but last I checked, there isnât really any legitimate age when a child can choose. This field is for validation purposes and should be left unchanged. There are circumstances wherein you can get a divorce in Pennsylvania without your spouse's signature. Where parents are making the decision about where a child is to live they are able to choose whether the parent or the child ⦠Why canât a child decide which parent they want to live with? How To Get a Pennsylvania Divorce Without Your Spouse’s Signature, Filing a Pennsylvania Divorce With Out of State Spouse. There is no magical age in which a child can choose which parent to live with. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. This is not the case. Generally a child cannot decide which parent they want to live with. Generally speaking, a judge will take the time to interview children between the ages of 9 and 17 to find out what their preferences are when it comes to living arrangements and child custody. and this is something the Courts will take into consideration when finalizing child custody arrangements. A childâs insight into its life with each parent, when intelligently and maturely expressed by the child, is far more important than the childâs age. *Please note, consultations for Bankruptcy & Personal Injury are free of charge. A child need not be at this magic number, but generally it is a good number. This communication does not ⦠At What Age Can a Child Decide Which Parent to Live With? In deciding which parent should have custody of a child, South Carolinaâs family courts focus on the âbest interests of the childâ which includes the childâs reasonable preference for custody. Once the child has made a decision, he will have to sign an Affidavit of Custody Election and submit it to the court. Over the years, I have had clients tell me that a child or children wants to live with one particular parent most of the time or all of the time and the next question is “How old does a child have to be to choose which parent to live with?” These folks “hear” that if a child is 12 (or 13 or 14 or 15…), the child has the right to make the final decision as to with whom the child wishes to stay. wanting to live in their childhood home, stay at the same school, etc.) Can my child choose which parent they want to live with? Until they are age 18, children are bound to live with their parents or guardians UNLESS there is a court order directing otherwise. In the state of Minnesota, there is no set age where a child can choose which parent to live with, so it is generally left to the parents and the courts, if needed and the older the child, the more weight this opinion (or preference) carries. Family Code Section 3042 requires the Court to consider and give due weight to a childâs preference regarding custody if the child is of sufficient age and capacity to ⦠A childâs preference can be most effective when both parents are equally âfit,â all living conditions for the child are relatively equal, and the child is fourteen (14) years of age or over. There is no specific age when Alabama courts must consider a child's opinion. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference. Nowhere in this statue does it states that a child of a certain age gets to choose his or her custodian. As they get older, however, their opinion can have a greater weight with the court. Can my child choose where he"ll live?" Age Limit. At what age can a child decide where she wants to live. In it, you'll find all the details you need to make this important decision in your life at no cost to you. The child's reasons for wanting to live with one parent over the other can affect the weight the court gives the child⦠They take direction well (our firm preps EVERY witness in advance of a hearing or trial) and respond favorably to different stimuli in his or her home life. Site by RED. If you think that your childâs preference could be a factor in your custody case, contact our office today for a consultation and we will be more than happy to discuss with you the facts and circumstances unique to your case. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live. Can a 15 year old choose to live with their grandparents? I was asked this again just the other day. It's important never to pressure or try to convince your child to live with you. At what age can a child choose which parent they should live with? This can create further conflict, hard feelings and strain on the relationships. Also, sometimes child preference can be a factor when there are disparate conditions in both parentsâ households and living conditions. An attorney can submit details of … The judge merely interviews the child to determine the childâs wishes because Texas Law requires the child to be interviewed. Children under the age of 14 can testify in a custody hearing as long as the judge determines that it is appropriate and in that child's best interest. Even Judges have hearts but more importantly, Judges know that by speaking with the child in the Judge’s office, what is best for the child may be more easily determined. They say any child below the teen areas have less influence on custody than those around the age of 15 or 16 due to maturity. Your family law attorney will be able to work with you and your child if they are between these ages. However, because no two children develop at the same rate, there is no specific age at which a child "gets to decide". As a result, it is not accurate to say that when a child reaches 12 years old they will have the right to choose which parent to live with. The answer can be complicated and is often âsituation specificâ, i.e., every family is different and thus custody will depend on the situation of that particular family. Your age and maturity will make a difference. The reasonable preference of the child is also taken into consideration in Mississippi, Oklahoma, and Tennessee if the child is 12 years of age or older. Frequently, the person asking is under the impression that a child can make their own decision after they turn 12; I am not sure where this persistent rumor comes from but it may have something to do with parents thinking custody in the event of their death. The Child's Preference in Custody Cases. At Streeterlaw, we are often asked âat what age can a child decide where they want to live?â Unfortunately, there is no simple answer to that question. Texas family code accounts for a child’s opinion no matter the age. I have seen children as young as seven (7) make viable witnesses in custody and change of custody cases. The simple fact is that a child’s age has very little to do with it and Pennsylvania law does not recognize any particular age as allowing a child to automatically decide. In terms of child custody, the most important thing to remember is that the court’s decision is based on what’s in the best interest of the child(ren). Divorce Divorced Parents: Kids Should Decide Where They Live/Custody Divorce can be ugly, but it doesn't have to be ugly for the kids. The laws relating to a child's preference for ⦠What is the age that a child can choose who they live with? Texas does not allow children to choose where to live at any age. At what age will the court consider the child’s wishes? However, a child does not need to be over 16 to have an influence on where they would like to live. A child cannot legally âdecideâ which parent to live with; as seen above, there are numerous other factors to consider, and in many cases, the family law courts will make a decision based on what they believe to be in the best interest of the child. The law also accommodates children who do not wish to testify by requiring the court to provide an alternative means of obtaining both input from the child and other information regarding the child's preference. A nine-year-old may tell the Judge that a parent loves the child because that parent does what is best for the child even if it may make the child unhappy from time to time. When your child is over 14, it is more likely that the courts will allow them to voice their preference. The standard in custody cases is âthe best interest of the child.â Generally, a parent will be awarded custody if it is in that childâs best interest. At age 12 and above, a child can state a preference of where they want to live. When your child is over 14, it is more ⦠Their preference can evolve over time, driven by a variety of factors (e.g. Most fourteen year ⦠We regularly get asked at what age can a child decide which parent she or he will live with. The Older the Child Is, The More Likely the Child Can Choose Which Parent to Live with in South Carolina Under South Carolina law, a child is a person who is under the age of 18. Agree, the court will consider the childâs wishes you have been BBB Accredited since.... Factors ( e.g a full service law Firm is a court order directing otherwise have a reasonable preference time child!, he/she is legally allowed to choose to live at age 18, children bound... 16 to have a 15 year old choose to live with driven by a specially person! 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