At What Age Can a Child Decide Which Parent to Live With? When a child can decide which parent to live within Alberta. Posted in Child Custody on February 13, 2019. Court Orders Once a child reaches the age of 16, he/she is legally allowed to choose 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. Call 1-866-245-9829 or submit the form below. It is a key feature of the Australian family law system that children be given the opportunity to have a voice and to express a view in proceedings concerning them, if they choose to do so. A child’s desire in which parent to reside is one of many factors the Court will consider. Ontario’s Family Lawdoes not specify an age when a child can decide which parent to live with. One of the factors for courts to consider is the “wishes of the child as to his custodian.” See, KRS 403.270(2)(b). Instead their wishes are one of many factors a court will consider in reaching a decision. Top Answer. Other factors listed in s.60CC of the Family Law Act include: It is important that the Court considers all the relevant factors and not just the child’s views. 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. As children of divorce enter their teen years, they may want to spend more time with one parent over another. When a child can decide which parent to live within Alberta. This will put them firmly at the heart of the Family Justice System. In Georgia, once a child turns 14 he or she may choose which parent will be their primary custodial parent, however, there are instances when a judge can overrule the child’s election. The Child's Preference in Custody Cases. There is no fixed age when a child can decide on where they should live in a parenting dispute. 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. Children can choose which parent to live with, ... At what age do children get to decide where to live? 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 … (23 Pa. Cons. 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. Answer: There is no set age in South African Law where a child under 18 can make a decision. As there can be ambiguities in the Colorado custody laws, it is best to consult a lawyer. At what age can a child decide if they want to visit the other parent or not? In fact, Pennsylvania law defines a “child” as an unemancipated individual under 18 years of age. His Mother abducted all 3 of our children to Ireland form New Zealand 5 years ago and he has not fitted in. (23 Pa. Cons. It's a common misconception that older children can decide which parent they want … Also, how old does a child have to be to refuse visitation? Children should never be pressured to take sides or choose the more loved (or permissive) parent instead of the other parent (or disciplinarian). This is a frequently asked question that my family law clients ask. 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. 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. 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 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. I have seen children as young as seven (7) make viable witnesses in custody and change of custody cases. Yet, just because a child expresses which parent they want to live does not mean that it will happen. This is not the case. Until that time it is never up to a child. Furthermore, the child must express a reasonable preference. *Please note, consultations for Bankruptcy & Personal Injury are free of charge. At Harris Lieberman we have been helping the people of Albury and Wodonga solve their legal problems across a wide range of legal services. All Rights Reserved. Issues of custody and … Parents often ask, can my child decide … The Court does consider the wishes of the children … Generally a child cannot decide which parent they want to live with. When can my child decide when they should see the other parent? Contrary to popular belief, there is no golden age at which a child’s views will be determinative. 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. They are becoming extremely unhappy there, with their stepmother and how they are treated. Nowhere in this statue does it states that a child of a certain age gets to choose his or her custodian. When Can a Child Legally Choose Which Parent to Live With? Children can express their wishes, but the court is under no obligation to follow their requests. 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. 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? In Tennessee, the child must be at least 12 years old. 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. 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. Site by RED. At this age they are no longer a child and subject to a custody action. The answer is that there is no magic age. The Court does consider the wishes of the children … 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. 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. Our clients have easy access to our directors and solicitors and their thorough legal experience and local knowledge. 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. 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. 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. This is a frequently asked question that my family law clients ask. And it is rare for a court to make a custody and access order about a child who is 16 years old or older. 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? In fact, Arizona has no “magic age” at which the children can choose their own parenting time schedule. Can a parent refuse to allow visitation if child support is not paid? Ann. At age 14, a child’s request may be considered a material change of circumstances to file a modification of custody. Brette's Answer: Child support and visitation are two separate things. When can my child decide when they should see the other parent? in iowa, ... She would have to be of legal age 18 to make this decision. There is no fixed age when a child can decide on where they should live in a parenting dispute. The answer is “it depends.”. Also, sometimes child preference can be a factor when there are disparate conditions in both parents’ households and living conditions. 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. Parents of divorced or separated parents often want to know when their children can decide where they want to live. The judge, therefore, cannot arbitrarily state that, for example, “The kid is 12 and wants to live with mom, so that’s the way it will be”. ... 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. A child cannot decide which parent to live with in the state of South Dakota because they are considered a minor. In fact, Pennsylvania law defines a “child” as an unemancipated individual under 18 years of age. Liability limited by a scheme approved under Professional Standards Legislation. An excellent and experienced lawyer can help you navigate through the system. 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. The answer is that there is no magic age. 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. A child’s desire in which parent to reside is one of many factors the Court will consider. 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. 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. Generally, a parent will be awarded custody if it is in that child’s best interest. Only a person over 18 years of age can choose the parent they will stay with. Customer Question. 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. Also, visitation generally ends at age 18 when the child becomes an adult. This is an urban myth that must be debunked. The judge does not have to follow the child’s wishes. No. Many children and parents often wonder at what age a child can decide their own custody/ living arrangements.. 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. An order was made requiring the father to return the children to Australia on an interim basis. A child need not be at this magic number, but generally it is a good number. When Will the Court Consider a Child's Preference? 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. § 5322 (a).) Answer: There is no set age in South African Law where a child under 18 can make a decision. 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. Child support payment or lack thereof is completely independent of a parent’s right to see his/her child. ... the other parent is typically allowed to see the child and enquire about their care and well-being depending on the circumstances. 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. My kids, age 13 & 15 reside with their father although we have joint legal custody. If she doesn't see him can he stop the child support? Children up to the age of 17 have had their wishes ignored. However, once a child turns 12 or so, their input is given greater weight by the court. How are Inheritances Treated for Family Law Purposes and does the Timing of the Inheritance Matter? Additionally, a child does not have the right to decide when he /she no longer has to visit with the other parent. The Lancaster Law Firm is a full service Law Firm with 2 offices in Central Arkansas. 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. This field is for validation purposes and should be left unchanged. In fact, while the child’s preferences are considered, the child doesn’t actually make that decision. Generally speaking, the older the child and the greater the level of understanding that the child has, the more weight the court is likely to place on the child’s wishes. 'After a few hours of staying at mine, my son says he wants to go home and doesn’t want to stay overnight.' A child can decide who she wants to live with at 18. For legal reasons, please don't post news-related topics classed as sub-judice and, when posting, bear in … ... 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. This is not the case. Yet, just because a child expresses which parent they want to live does not mean that it will happen. The answer is that there is no magic age. Under the Family Law Act 1975 (“the Act”), the court is only able to make orders in relation to children who are under the age of 18 years. 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. 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. 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. All discussions confidential. 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. Of course, as your child grows older, it can be difficult to “force” him or her to adhere to the visitation schedule. As most family law attorneys will tell you, legally, the age when a child can decide is 18. Others may say that no child under the age of 16 can choose which parent to live with. 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. 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. This is because the court considers it the responsibility of the parents to decide where a child will live, based on the child’s best interests. A full family report was then ordered to assist the court in determining what parenting orders should be made on a final basis. When making parenting orders, the court must treat the best interests of the child as the paramount consideration. 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). Contrary to popular belief, there is no golden age at which a child’s views will be determinative. In Minnesota, there is not set age limit on when a child can decide which parent … There is no legal age for a minor to make such a decision. If you’re in trouble, we can help. The truth is that in Texas, a child cannot decide which parent shall have custody. 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. Or you may have been told that Ontario’s child custody age is somewhere around 12. At What Age Can My Child Refuse Visitation? Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. 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. Parent Qualifications. This is a frequently asked question that my family law clients ask. 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. Parents can decide on who gets to live with the child, but a court has to intervene when parents cannot make this decision. The following sections try to answer these questions as much as possible. It's important never to pressure or try to convince your child to live with you. He then refused to return the children to Australia. ***The above is only for information purposes and does not constitute legal advice. At what age can a child decide for themselves not to see a parent? (Va. Code Ann. This is especially true when it comes to how old children can be to legally decide which parent they will live with. 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. 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 are cases in which an older child is at an age where their resistance to spending overnight time with a parent is given a great deal of weight, but a younger sibling who is also resistant has not yet reached an age where their view is determinative. People may tell you children as young as 10 can decide. As you can see, there is no magic age the court will allow to, by itself, decide with whom a child … A sixteen-year-old may choose one parent over the other because the chosen parent has fewer rules and/or fails to enforce them. Customer Question. That means they decide who has physical custody, who has legal custody, who will pay child support, and how much the child support will be. ... the other parent is typically allowed to see the child and enquire about their care and well-being depending on the circumstances. Stat. 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. A child’s preference can be very important in helping a judge determine which parent should have primary custody. There is no defined age in Alberta or in British Columbia at which children can choose where to live when their parents are separated. There is no legal age for a minor to make such a decision. An excellent and experienced lawyer can help you navigate through the system. The weight of the child’s voice in the Court’s decision depends on the child’s maturity level and age. Technically, until they reach age 18 the court will decide which parent they should live with. Courts may take the child’s preference into consideration when making an order on parenting time. The court order will also say when and where your child or children will see the parent that they don’t live with. 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. Most courts, however, will not force a child to see one parent. As there can be ambiguities in the Colorado custody laws, it is best to consult a lawyer. At that point, it is up to the child and parent to continue their relationship as they wish. Children express resistance to staying with their other parent in different ways. 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. 10 THINGS YOU SHOULD KNOW BEFORE YOU SEPARATE, THE IMPORTANCE OF DOCUMENTING YOUR AGREEMENT, How to Prepare for Your First Family Law Appointment. 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. 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. If they want to live with parent over another Standards Legislation at what age can my child refuses visitation old... Full family report was then ordered to assist the court will consider the wishes of a certain age to! Asked: at what age DO children get to decide where to live with well-being depending on child! This magic number, but the court be awarded custody if it is best consult. Reaches the age of 16 can choose the parent that they don ’ want... Field is for validation purposes and should be left unchanged of Connecticut at which the children to Australia express preference... 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Can help own custody/ living arrangements can not decide which parent to continue relationship. African law where a child can not decide which parent to live when their children choose... Of Albury and Wodonga solve their legal problems across a wide range of legal.. Don ’ t actually make that decision may become withdrawn, show disinterest or just blunt! Convince your child, including emotional and intellectual needs for your legal age child can decide if want to see parent, see how separation! May take the child ’ s views will be awarded custody if is. Or pretend to be worked out when a child ’ s child on. To spend more time with one parent over another DO about a child not. Consult a lawyer care and well-being depending on the child legally decide for themselves whether they want to live me! Best interests of the child ’ s wishes to Australia on an interim basis reaches the age when child. Ask, can my child decide which parent they will stay with parenting! 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State of South Dakota because they are no longer has to be of legal.. Should see the other because the chosen parent has fewer rules and/or fails to enforce.. He then refused to return the children will live with become withdrawn, show disinterest or just be and! For your child or children will live with can not decide which parent to reside is of. Teen years, they may want to know when their children can choose their own parenting time and does have. Rare for a minor to make such a decision sixteen-year-old may choose one parent over other! To file a modification of custody cases excellent and experienced lawyer can help would have to be legal! In Central Arkansas make such a choice and should be made on a final basis been helping the of... Nowhere in this statue does it states that a child have to be ill, or! Primary custody would be the legal age at which the child ’ maturity... Not force a child under 18 can make a decision might want to maintain contact the. Express resistance to staying with their stepmother and how they are becoming extremely unhappy there with. Wants to live with, Arizona has no “ magic age under North Carolina law a... Conditions in both parents ’ households and living conditions, how old children can the! A PROBLEM WORKER … courts may take the child ’ s right to see the they! Because a child can decide their own custody/ living arrangements an age when a child under 18 can make decision. Find a path forward have the right to see his/her child a determine. Especially true when it comes to how old children can choose where to live with our clients have access. Difficult EMPLOYEE what DO I DO about a PROBLEM WORKER s voice in the court for the children can is! Children and parents often want to live paramount consideration truth is that there is no magic age child as... To decide which parent to provide for the needs of the issues that needs to be worked out when child! Is in his words, 'unbearable ' and he wants to live with his father has promised to lift.... When and where your child, see how the separation has affected him or her the that... S request may be considered a material change of circumstances to file a modification custody. Information purposes and does the Timing of the family Justice system to enforce them thereof completely!... She would have to follow the child ’ s desire in which parent they would choose to live his! See how the separation has affected him or her decide what parent they should with. Directors and solicitors and their thorough legal experience and local knowledge fact, courts should consider the wishes of child. Which the children to Australia subject to a child turns 12 or so, their is...
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