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. A childâs preference can be very important in helping a judge determine which parent should have primary custody. When Can a Child Choose Which Parent to Live with in Rhode Island? and this is something the Courts will take into consideration when finalizing child custody arrangements. A child can decide where they want to live at age 18. Many times, due the multiple factors that a court considers in determining the best interest of the child, decisions are very fact dependent and each case must be evaluated individually. 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. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. 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. There is no specific age when Alabama courts must consider a child's opinion. However, a child does not need to be over 16 to have an influence on where they would like to live. Until then it is ultimately the decision of the parents to decide or if they cannot agree, a child arrangement order will specify where the child lives. We regularly get asked at what age can a child decide which parent she or he will live with. Another child might be 14 and choose dad but the court has seen proof that the dad works all day and goes to the bar every night, not getting home until midnight, leaving the child unsupervised. It's important never to pressure or try to convince your child to live with you. Posted Nov 02, 2012 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. It is no guarantee that your 12yo child will be able to choose where to live. 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. Most fourteen year olds are mature enough to make good witnesses. In other word’s, the child’s reasons for their decision were not deemed mature and appropriate. Many children prefer the parent with the fewest “rules” favoring the one who lets the child “get away with” bad or inappropriate behavior more than the other. For example, there may be a Residence Order or a Child Arrangement Order in place. Texas family code accounts for a child’s opinion no matter the age. Site by RED. 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. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live. A child’s best interests are the primary focus of Texas family law and do not specify a specific age for a child’s right to choose. 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. 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. California courts base child custody decisions on the legal doctrine known as "the best interests of the child." At what age can a child decide where she wants to live. Parents who think they can fool a Judge are very badly mistaken.) In other cases, again based upon the court’s discretion and determination, an individual child might not have sufficient age and capacity to form an intelligent decision at the age of 15. When your child is over 14, it is more likely that the courts will allow them to voice their preference. 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. It is easy to see that age will have nothing to do with the Judge’s decision, right? However, because no two children develop at the same rate, there is no specific age at which a child "gets to decide". Contrary to popular belief, there is no golden age at which a childâs views will be determinative. The legal standard for child custody determinations is the best interest of the child. *Please note, consultations for Bankruptcy & Personal Injury are free of charge. 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. Determining custody in divorce cases is often messy and emotionally charged. Your age and maturity will make a difference. However, one thing remains the sameâunemancipated children under the age of 18 typically do not have a right to choose which parent they live with after a divorce. Currently there is no specific age where the Court will consider the wishes of a child in deciding custody matters. According to the Childrenâs Protection Act of South Africa, no child (under the age of 18) can choose which parent they want to live with. Child custody is one of the most complex matters in a Colorado divorce case.Determining which parent will receive joint, shared, or full custody of children will become a decision of the court, if the parents cannot agree to custody terms on their own. Where parents are making the decision about where a child is to live they are able to choose whether the parent or the child ⦠If the parents need to take the issue of custody to Court, it is very unlikely that a child would have to take the witness stand and be examined and cross-examined. 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. Age Limit. Under current Ohio law, minor children cannot choose where they will live once their parents get divorced. 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. A child need not be at this magic number, but generally it is a good number. 429 4th Ave. Suite 1501 According to GA Code § 19-9-3 (5), children who are 14 years old or older may choose which parent they want to live with primarily. A child’s desire in which parent to reside is one of many factors the Court will consider. This is not the case. 10, 12 or 16, a child can make their own decision. There is no specific age when Alabama courts must consider a child's opinion. This communication does not ⦠Why canât a child decide which parent they want to live with? This is a really frequent question and it is entirely understandable. 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. And if you have been a good parent, you will have little to worry about. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference. Let's consider the "no spouse's signature" divorce options. The Lancaster Law Firm is a full service Law Firm with 2 offices in Central Arkansas. Most fourteen year ⦠There are circumstances wherein you can get a divorce in Pennsylvania without your spouse's signature. 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. As a family law lawyer, I am frequently asked this question. A child over the age of 12 can express their preference, and their opinion should have significant weight in the court's decision. Your family law attorney will be able to work with you and your child if they are between these ages. There is no magic age number when a child can decide who to live with under North Carolina law. When there is a dispute about where or with whom a child will primarily live, the childâs wishes are just one of a number of factors a ⦠If the child can only express a whim, such as âMom lets me stay up later so I want to live with herâ or âDad wonât let me play video games on weeknights so I donât want to live with him,â then the court will not admit evidence about the childâs preference because the childâs opinion is ⦠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. 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. The child's reasons for wanting to live with one parent over the other can affect the weight the court gives the child⦠For example, one parent may buy the child toys and sweets. Can a 15 year old choose to live with their grandparents? Children up to the age of 17 have had their wishes ignored. Here they are in... To file a divorce in Pennsylvania, our law requires that at least one of the parties be actually living in Pennsylvania (and doing so for every day of at least the last six months). 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. The short answer is that children can make their own decisions about where they will reside once they reach the age of majority, which is 18 in Canada. A child’s preference can be most effective when both parents are equally “fit,” all living conditions for the child are relatively equal, and the child is fourteen (14) years of age or over. 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. All other consultations are a $250 fee. A child can always choose to address the court and be heard regarding which parent they would like to live with. When a Minor Child Can Choose Where to Live. 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. At the age of 14 , the child is typically expected to give a statement, as well. An attorney can submit details of the child⦠When Can a Child Legally Choose Which Parent to Live With? 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. Her sister lives in Ct. and she would like to move back ⦠If a child is able to voice their opinions, then they can state which parent they choose to reside with. 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. A childâs desire in which parent to reside is one of many factors the Court will consider. There is no magical age in which a child can choose which parent to live with. The Child's Preference in Custody Cases. With or without specific statutes, most states do not set a definitive age at which a child is old enough to voice her opinion regarding which parent she wants to live with. And it is rare for a court to make a custody and access order about a child who is 16 years old or older. This is a report done by a specially trained person who talks to you and writes down what you tell them. 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. Laws differ by state, but last I checked, there isnât really any legitimate age when a child can choose. The major problem with such divorces is that they are quite the opposite of "low-cost". (Incidentally, Judges have heard literally everything. 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