Can a child choose which parent to live with in a divorce?

You can allow your child to make this decision for themselves. This is your choice as a parent; there’s no set age that determines when a child is allowed to say where he/she wants to live.

At what age can a child of divorced parents choose which parent to live with?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.

Can you choose who to live with if your parents are divorced?

It is a common misconception that a child that reaches a certain age can decide which parent to live with after a divorce or separation. … The fact is until the child is 18, the only individuals who can determine custody are the child’s parents, and if the parents can’t decide, a judge will.

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What age can a child say who they want to live with?

A child can decide who she wants to live with at 18. Prior to that, the court makes orders. Children can express their wishes, but the court is under no obligation to follow their requests. Most courts, however, will not force a child to see one parent.

Can an 11 year old choose which parent to live with?

It is absolutely wrong to assume or tell a child that they get to decide where he or she will live once they turn 12 years old. Once your child turns 18 and is a legal adult, then a custody order does not apply and they can decide where to live. The closer your child gets to age 18, the more he or she has a say.

How can a mother lose custody to the father?

Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child. Sometimes this comes in the form of “corporal punishment” such as spanking or other physical acts of punishing a child – there is a fine line between discipline and physical abuse.

At what age will a judge listen to a child?

If children are old enough—usually, older than 12 or so—a judge may talk to them to find out their preferences about custody and visitation. Some states require courts to consider kids’ views, but others disapprove of bringing the kids into it at all.

Can you choose which parent to live with at 13?

A judge may ask a child who is old enough (typically 12 to 14) which parent he or she prefers to live with the majority of the time. A judge will typically do this outside of the courtroom, to keep the child out of the case as much as possible. A judge will use a third-party evaluator to ascertain the child’s wishes.

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What happens if a child wants to live with the other parent?

The older the child, the more likely the child’s stated preferences will be considered by the presiding custody judge. In some child custody courts, children are allowed to complete an Affidavit of Preference and sign. The affidavit specifies the child’s preference for his or her custodial parent.

Can my 14 year old choose where to live?

If child is 14 or older, child has the right to choose the custodial parent. If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child.

Can a child refuse to see a parent?

Overview of Custody and Visitation

Your custody order will designate which parent(s) has legal and physical custody. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

What if your child doesn’t want to live with you?

Talk with a Legal Representative

In addition, your child may be able to tell the court that he/she doesn’t want to live with you, but that doesn’t mean the court will rule in his/her favor. Instead, your child’s wishes will simply be recorded, but no change will be done in a legal setting.

What do judges look for in child custody cases?

Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .

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Does a 13 year old have a say in custody?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …

Do you have to force a child to go with the other parent?

This helps the other parent understand the situation and places some obligation on their part to facilitate visits. You shouldn’t have to force a child to attend a visit. If you have concerns that your child is being abused or harmed by the other parent, then you should contact your attorney immediately.

What happens if a child refuses to return to the custodial parent?

When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. … The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule.

After Divorce