Once a child reaches the age of 16, he/she is legally allowed to choose which parent to live with. 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.
At what age can a child choose to live with a divorced parent?
At what age can the child speak for himself? 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 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.
What age can a child make their own decision?
A child is ready to make their own decisions at 18 years old in most states, from a legal perspective. Developmentally, a parent should let their child make age-appropriate decisions as they demonstrate capacity, judgment, and maturity.
At what age can a child choose to live with a different parent?
Section 13 of the General Custody Provisions allows for “The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request.
Can a child divorce one parent?
A minor generally cannot become emancipated from just one parent unless there is only one parent, such as when one of the minor’s parents has died, or has terminated their parental rights. Emancipation of a minor terminates all parental custodial rights, which in turn makes that minor an adult for legal purposes.
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.
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.
At what age can a child tell a judge 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.
What happens if a child doesn’t want to live with either parent?
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.
Can a 14 year old choose where they want to live?
There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision. … That time is not attached to any specific age, but is rather the product of maturity and a level of independence.
Can a 15 year old be forced to visit a parent?
Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.
When a child chooses 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 I choose which parent to live with at 15?
No, children don’t get to unilaterally decide custody matters for themselves. This rule exists to protect children, ironically enough, and for several reasons: If children were allowed to express a preference for one parent over the other, then…