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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 01-18-2017, 04:50 PM
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What is the exact age that a child can choose who they would like to live with?

Doesn't make sense to spend time/money in court when you have factors working against you (Mom will put up a fight, and they usually don't like to split siblings up).....you may not like the outcome/ regret opening the matter up at son's current age.

Makes more sense to wait until son is the exact age that he can choose. That way you go to court, "Son has decided to live with father".........Mom can't put up a fight right? Would it not be faster and cheaper in court this way?
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  #22 (permalink)  
Old 01-18-2017, 05:49 PM
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Officially, there's no legal age at which kids can choose which parent to live with (until they're 18 and no longer children). Unofficially, I understand that judges will give some weight to a child's preference from about the age of 12 on, as long as the child appears to be mature enough to have an informed opinion (not based on unlimited computer time and no curfews). However, decisions about residence are made by adults (parents and/or court), not minors.
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Old 01-18-2017, 08:55 PM
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Quote:
Originally Posted by stripes View Post
Officially, there's no legal age at which kids can choose which parent to live with (until they're 18 and no longer children). Unofficially, I understand that judges will give some weight to a child's preference from about the age of 12 on, as long as the child appears to be mature enough to have an informed opinion (not based on unlimited computer time and no curfews). However, decisions about residence are made by adults (parents and/or court), not minors.


I sorta agree with that, however at 16 you can withdraw from parental control and legally move out and no one can do anything about it. So I guess the answer is at 16 kids can technically choose.

Waiting 4 years may not be in his best interest though because that is 4 years he may not thrive in. He will survive yes but it doesn't mean he will be happy and well rounded staying in an environment he is unhappy with.


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  #24 (permalink)  
Old 01-24-2017, 02:05 PM
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I agree he may not thrive in those 4 years.
At the same time, if you started court now, it could be that much worse at his Mom's because of it (Her stressed out/ spiteful, etc.)
And it would probably cause stress on yourself and your husband as well.

Especially because there has been a long length of status quo at this time/ the other sibling/not wanting to split them up does work against you.

Sounds like 16 may be the age to wait to avoid the possibility of wasting a lot of time, stress and finances if it didn't work out in your favor??

I agree that you should have the son living with you, given the situation, his voice to you on it!

But if the ex will not agree to it, and you end up in court, I don't trust that family court would be on your side.
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