It's ultimately up to the judge to issue a custody order that reflects the best interests of the child. Can a child in Rhode Island decide where they want to live? Posted Nov 02, 2012 This is not the case. What is the age that a child can choose who they live with? CONTACT THE LANCASTER LAW FIRM TO SCHEDULE A CONSULTATION. Let me to dispel this perception. In practice, by the time a child reaches 16 or 17 years old, courts take the preferences of children very seriously. 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. A child over the age of 12 can express their preference, and their opinion should have significant weight in the court's decision. That is too bad for me as it decreases the number of clients I... We have been BBB Accredited since 5/30/1990. Her sister lives in Ct. and she would like to move back … Their preference can evolve over time, driven by a variety of factors (e.g. There is no magical age in which a child can choose which parent to live with. However, just because the child wishes to live with one parent doesn’t mean the judge will grant that wish. As they get older, however, their opinion can have a greater weight with the court. A child’s insight into its life with each parent, when intelligently and maturely expressed by the child, is far more important than the child’s age. This communication does not create an attorney/client relationship and is not legal advice. If a child is able to voice their opinions, then they can state which parent they choose to reside with. Currently there is no specific age where the Court will consider the wishes of a child in deciding custody matters. If your parents go to court, the court might want to know what you think about what’s happening. 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. This communication does not … The legal standard for child custody determinations is the best interest of the child. Texas family code accounts for a child’s opinion no matter the age. At what age can a child decide 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. Your age and maturity will make a difference. But if you’re wondering when SHE can choose, thats more her choice. There are many factors that come into play when the courts determine with whom the child will live. There is no specific age when Alabama courts must consider a child's opinion. 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. After the age of 12, however, the court may consider the child’s wishes in conjunction with other factors. People frequently ask how old must a child be in Illinois to choose to live with either parent. It is easy to see that age will have nothing to do with the Judge’s decision, right? Some parents believe that a child can choose who they want to live with. The child's reasons for wanting to live with one parent over the other can affect the weight the court gives the child… Frequently Asked Questions What age does a child need to be to decide which parent they live with? For example, one parent may buy the child toys and sweets. 2. child’s level of maturity: In this regard the Court is assisted by a family consultant (generally Texas does not allow children to choose where to live at any age. The Law Became More Specific Concerning a Child’s Age in … 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. My grand daughters farther moved her from Ct. to Florida. Under current Ohio law, minor children cannot choose where they will live once their parents get divorced. A child can decide where they want to live at age 18. 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. At What Age Can a Child Choose Where to Live? Most fourteen year olds are mature enough to make good witnesses. *Please note, consultations for Bankruptcy & Personal Injury are free of charge. t’s much less simple for children under the age of 17. 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. 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. WHEN CAN CHILDREN DECIDE WHICH PARENT TO LIVE WITH? Children up to the age of 17 have had their wishes ignored. At what age can a child decide where they want to live? Your family law attorney will be able to work with you and your child if they are between these ages. Age Limit. Contrary to popular belief, there is no golden age at … Ideally, both parents would understand and want what is best for their child. A child’s preference can be very important in helping a judge determine which parent should have primary custody. ***The above is only for information purposes and does not constitute legal advice. in Child Custody People considering divorce often ask at what age a child may decide which parent to live with. Contrary to popular belief, there is no golden age at which a child’s views will be determinative. When your child is over 14, it is more likely that the courts will allow them to voice their preference. We regularly get asked at what age can a child decide which parent she or he will live with. The court will consider the preference in making a custody determination but is not bound by the preference. It is no guarantee that your 12yo child will be able to choose where to live. However, a child does not need to be over 16 to have an influence on where they would like to live. 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. An attorney can submit details of the child… In those that do, the magic number is often a teenage year; the older your child is, the more likely it … However, one thing remains the same—unemancipated children under the age of 18 typically do not have a right to choose which parent they live with after a divorce. I was asked this again just the other day. 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. The standard in custody cases is “the best interest of the child.” Generally, a parent will be awarded custody if it is in that child’s best interest. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference. A child’s wishes must be considered by both the Guardian ad Litem and the Court once the child reaches an age where they are able to articulate those wishes. If you think that your child’s 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. An attorney can submit details of … To be a viable a witness, a child needs to be able to be cognizant of his or her family situation, know the difference between a lie and the truth, know there are consequences for lying, and promise to tell the truth. 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. 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. 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