If you’re in trouble, we can help. A client asked: At what age can the child legally decide for themselves whether they want to maintain contact with the other parent? *Please note, consultations for Bankruptcy & Personal Injury are free of charge. This is not the case. Only a person over 18 years of age can choose the parent they will stay with. Furthermore, the child must express a reasonable preference. (23 Pa. Cons. A child’s desire in which parent to reside is one of many factors the Court will consider. CONTACT THE LANCASTER LAW FIRM TO SCHEDULE A CONSULTATION. See Answer. Also, sometimes child preference can be a factor when there are disparate conditions in both parents’ households and living conditions. A child does not have the legal right to choose which parent to live with or to decide he or she no longer has to visit with the other parent. Instead their wishes are one of many factors a court will consider in reaching a decision. When making parenting orders, the court must treat the best interests of the child as the paramount consideration. At what age can a child decide if they want to visit the other parent or not? A child cannot decide which parent to live with in the state of South Dakota because they are considered a minor. Children should never be pressured to take sides or choose the more loved (or permissive) parent instead of the other parent (or disciplinarian). Posted in Child Custody on February 13, 2019. Also, visitation generally ends at age 18 when the child becomes an adult. There is a common misconception that in Family Law parenting disputes about with whom a child will live, a child will have the deciding vote when they reach the age of 12. Additionally, a child does not have the right to decide when he /she no longer has to visit with the other parent. How old does a child need to be before he or she can decide how much they want to see their other parent and which parent to live with? At what age can my child decide which parent they want to live with? When can my child decide when they should see the other parent? They may express their wish to live with a non-custodial parent or refuse to go back and forth between the two households as part of a visitation arrangement. When Will the Court Consider a Child's Preference? Judges also attempt to determine why the child is making such a choice. Call 1-866-245-9829 or submit the form below. Instead their wishes are one of many factors a court will consider in reaching a decision. People may tell you children as young as 10 can decide. All discussions confidential. This is a frequently asked question that my family law clients ask. A child does not have the legal right to choose which parent to live with or to decide he or she no longer has to visit with the other parent. Yet, just because a child expresses which parent they want to live does not mean that it will happen. However, if a child decides he no longer wants contact with his divorced parents, he must become emancipated before he can exercise a legal right to refuse contact. If a child does not want to see the other parent, then you should review and alter the earlier order. The capacity of each parent to provide for the needs of the child, including emotional and intellectual needs. Modifying the Custody Order. The age at which a child can decide the amount of time they spend with each of their parents will depend on a number of factors. There is no fixed age when a child can decide on where they should live in a parenting dispute. And it is rare for a court to make a custody and access order about a child who is 16 years old or older. The wishes and feelings of the child (in light of their age and understanding) is one of the factors considered by a court when making a decision about contact and living arrangements. The weight of the child’s voice in the Court’s decision depends on the child’s maturity level and age. The court order will also say when and where your child or children will see the parent that they don’t live with. How old does a child need to be before he or she can decide how much they want to see their other parent and which parent to live with? If you want the best for your child, see how the separation has affected him or her. The greater the level of understanding the child has of their views, the greater the weight the court is likely to place on those views. The parent with custody is the one that lives with the child while the non-custodial parent is often the person paying child support, and has visitation rights. His life is in his words, 'unbearable' and he talks of suicide. Children express resistance to staying with their other parent in different ways. The Law Became More Specific Concerning a Child’s Age in the Decision of the Custodial Parent in 2012 However, commencing 1/1/12, California AB 1050 amends this statute to add that the judge must also consider such a child’s wishes re visitation. The child’s view however is rarely the sole determinative factor, with other factors in s.60CC assisting the court in making a decision that is truly in the best interests of the child. A client asked: At what age can the child legally decide for themselves whether they want to maintain contact with the other parent? ... We can discuss your divorce or other legal matter and find a path forward. Technically, until they reach age 18 the court will decide which parent they should live with. At this age they are no longer a child and subject to a custody action. What usually happens is that a child that is age 12 and above is given a chance to have a say in where they will live. The Court does consider the wishes of the children … A full family report was then ordered to assist the court in determining what parenting orders should be made on a final basis. When a child can decide which parent to live within Alberta. In Minnesota, there is not set age limit on when a child can decide which parent … Brette's Answer: Child support and visitation are two separate things. Contrary to popular belief, there is no golden age at which a child’s views will be determinative. If you're dealing with an ongoing or upcoming court case, this is the place to get support. ... parents objects the issue goes to family court and most judges do not like minor children telling them how much they want to live with the other parent unless there is an issue of abuse and/or neglect. The answer is that there is no magic age. A child need not be at this magic number, but generally it is a good number. At What Age Can a Child Decide Which Parent to Live With? Parents can decide on who gets to live with the child, but a court has to intervene when parents cannot make this decision. When a child can decide which parent to live within Alberta. At that point, it is up to the child and parent to continue their relationship as they wish. Children cannot be forced to express a view but where a child does express a view, the court is required to take those views into account under s.60CC(3)(a). The Benefits of Taking a Preventative Approach to Property Law Matters, What You Need to Know Before You Consider Becoming a Board Member of a Not for Profit Organisation. I have seen children as young as seven (7) make viable witnesses in custody and change of custody cases. A minor child does not have the choice as to which parent he or she will live with during the time the child is a minor. An order was made requiring the father to return the children to Australia on an interim basis. In fact, courts should consider the wishes of a six-year-child AND a 16-year-old child. For legal advice and child custody laws in your state regarding when can a child decide which parent to live with you'll probably want to consult a child custody lawyer or family law attorney in your area about your specific situation and how the law applies. Therefore, there is no specific age in Wisconsin where a child is able to decide which parent they want to live with. If you want the best for your child, see how the separation has affected him or her. In many instances of child custody and changes in custody, parents want to know what effect, if any, their child or children’s preferences will have with the court or the judge. A child’s preference can be very important in helping a judge determine which parent should have primary custody. The Child's Preference in Custody Cases. 'After a few hours of staying at mine, my son says he wants to go home and doesn’t want to stay overnight.' Answer: There is no set age in South African Law where a child under 18 can make a decision. Older children may become withdrawn, show disinterest or just be blunt and say, 'I don’t want to go'. The parent with custody is the one that lives with the child while the non-custodial parent is often the person paying child support, and has visitation rights. A parent can be excused for thinking that if their child is telling them that they don’t want to see the other parent as much, or even at all, then that is the end of the matter. Courts may take the child’s preference into consideration when making an order on parenting time. There is no defined age in Alberta or in British Columbia at which children can choose where to live when their parents are separated. Generally a child cannot decide which parent they want to live with. In Tennessee, the child must be at least 12 years old. My kids, age 13 & 15 reside with their father although we have joint legal custody. That would be the legal age at which the child could express a preference of a parent to live with over the other. § 5322 (a).) As there can be ambiguities in the Colorado custody laws, it is best to consult a lawyer. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. Can they arrest me if my child refuses visitation? (23 Pa. Cons. 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. The weight of the child’s voice in the Court’s decision depends on the child’s maturity level and age. Legal age for child to self-decide which parent to live with In Maine, ... See what other people are asking and the advice they're getting. This is not the case. This allows a decision to be made that is in the best interests of the child, which may at times, be different to what a child wants. There will come a time where a child is able to ‘vote with their feet’ so to speak and place themselves physically where they want to be. However, the court will listen to the children’s testimonies. Customer Question. This is especially true when it comes to how old children can be to legally decide which parent they will live with. Generally if a child is over the age of 12 and is thought to understand the situation, their wishes can influence the outcome. 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. Ann. The Child's Preference in Custody Cases. In fact, Pennsylvania law defines a “child” as an unemancipated individual under 18 years of age. Many children and parents often wonder at what age a child can decide their own custody/ living arrangements.. The father argued that the children had expressed a desire to live with him in New York and therefore, they should be permitted to stay. There is no legal age for a minor to make such a decision. In making a child custody determination, 12 is the minimum age at which the child may express a preference to the court regarding the parent with whom that child prefers to reside. A child’s desire in which parent to reside is one of many factors the Court will consider. As a general rule, children 12 years of age and older are seen as eligible to make a decision on which parent they want to live with, simply because they most often meet the criteria described above. Deciding where the children will live is only one of the issues that needs to be worked out when a marriage breaks down. Just as a child can’t choose who they want to live with they can’t choose whether they have to abide by a visitation schedule with a parent they don’t want to see. 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. (Va. Code Ann. Prior to that, the court makes orders. 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. 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 will put them firmly at the heart of the Family Justice System. 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. Legal Age For Child To Choose Custody. It should be remembered that a child’s expressed view is only one factor that the court should consider when determining what is in the child’s best interests. 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 … 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. At What Age Can My Child Refuse Visitation? Section 60CC of the Act sets out the various factors that are taken into account when determining what is in a child’s best interests. Although the parental custody of children takes into consideration the legal rights of the children, they cannot choose which parent they would like to live with before the age of 18. In the State of Connecticut at which age can a child legally decide which parent they want to live with? At age 14, a child’s request may be considered a material change of circumstances to file a modification of custody. The Court can inform itself of the views of a child by: In the recent decision of Bondelmonte v Bondelmonte [2017] HCA 8, the High Court considered the case where a father had taken his 14 and 16 year old boys to New York for a holiday. This is a frequently asked question that my family law clients ask. However, once a child turns 12 or so, their input is given greater weight by the court. Wiki User ... the legal age a child has to be to decide what parent they would choose to live with is 13. As children of divorce enter their teen years, they may want to spend more time with one parent over another. If your state is similar to Pennsylvania, then the court should hold the custodial parent responsible for ensuring the minor child/children see the noncustodial parents according the custody schedule. Children can express their wishes, but the court is under no obligation to follow their requests. Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. The report writer usually interviews all the relevant parties, including the children and gives the child an opportunity to express their views; Making an order for the appointment of an Independent Children’s Lawyer who then represents the interests of the child in the proceedings; Looking at other sources of evidence including affidavits from parents, teachers or counsellors. In fact, Arizona has no “magic age” at which the children can choose their own parenting time schedule. A child can decide who she wants to live with at 18. The court will consider the age, gender, maturity level, intelligence, ability to tell the difference between right and wrong, reasons for the child’s preference, preference of other siblings, whether the child has any hostility towards the other parent and if so, why, whether the child has been influenced by … As children of divorced parents get older, they may be pulled toward one parent or another and may not want to see the other parent. 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. At what age can a child decide for themselves not to see a parent? At What Age Can My Child Refuse Visitation? Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. How are Inheritances Treated for Family Law Purposes and does the Timing of the Inheritance Matter? No. One of the factors for courts to consider is the “wishes of the child as to his custodian.” See, KRS 403.270(2)(b). An excellent and experienced lawyer can help you navigate through the system. Legal age for child to self-decide which parent to live with In Maine, ... See what other people are asking and the advice they're getting. 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. Parent Qualifications. Many children and parents often wonder at what age a child can decide their own custody/ living arrangements.. Nowhere in this statue does it states that a child of a certain age gets to choose his or her custodian. Site by RED. Whilst the court will certainly take a child’s expressed view into account, the court must look at the child’s expressed views in the context of other matters including the child’s maturity or level of understanding. There is no fixed age when a child can decide on where they should live in a parenting dispute. DIFFICULT EMPLOYEE WHAT DO I DO ABOUT A PROBLEM WORKER? ... the other parent is typically allowed to see the child and enquire about their care and well-being depending on the circumstances. A minor child does not have the choice as to which parent he or she will live with during the time the child is a minor. The court considered that even if the children had expressed a desire to stay with their father in New York, that view was likely to have been heavily influenced by their father and accordingly, less weight should be given to those views. Stat. Children can choose which parent to live with, ... At what age do children get to decide where to live? 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. Others may say that no child under the age of 16 can choose which parent to live with. Most fourteen year olds are mature enough to make good witnesses. Parents of divorced or separated parents often want to know when their children can decide where they want to live. An excellent and experienced lawyer can help you navigate through the system. 10 THINGS YOU SHOULD KNOW BEFORE YOU SEPARATE, THE IMPORTANCE OF DOCUMENTING YOUR AGREEMENT, How to Prepare for Your First Family Law Appointment. This is an urban myth that must be debunked. There inevitably comes a time when a child is able to ‘vote with their feet’ (so to speak), and place themselves physically where they want … All other consultations are a $250 fee. §20-124.3.) 2/497 Smollett StreetALBURY, New South Wales 2640Phone: 02 6051 5100 Fax: 02 9167 9016, 87 Hume StreetWODONGA , Victoria 3690Phone: 02 6051 5100 Fax: 02 9167 9016, Copyright 2020 HARRIS LIEBERMAN | LAWYER MARKETING SERVICES BY FAST FIRMS. Top Answer. Ann. They are becoming extremely unhappy there, with their stepmother and how they are treated. Or you may have been told that Ontario’s child custody age is somewhere around 12. He then refused to return the children to Australia. In fact, Pennsylvania law defines a “child” as an unemancipated individual under 18 years of age. the child's preference, depending on the child's intelligence and age, and; any other factors the court deems relevant. The child can choose with which parent to live after the age of 18, but by that time the child is no longer a minor anyway, but is an adult and can live wherever he or she wishes, whether that be with a parent or somewhere else. Obtaining a report by a counsellor, psychologist or psychiatrist. in iowa, ... She would have to be of legal age 18 to make this decision. Liability limited by a scheme approved under Professional Standards Legislation. Issues of custody and … There is no legal age for a minor to make such a decision. My eldest Son is 12 and he wants to live with me, his Father. Separating or divorcing parents also need to agree on how o… ... the other parent is typically allowed to see the child and enquire about their care and well-being depending on the circumstances. The truth is that in Texas, a child cannot decide which parent shall have custody. The mother applied to the court for the children’s return. 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