QUESTION
At what age does the court legally consider which parent the child wants to live with?
Asked on Apr 25th, 2014 on Child Custody - Idaho
6 ANSWERS
The older the child is the more likely the court will consider the child's wishes. However the child's preference is just one of the factors a court considers when deciding custody. If you search online for "Michigan child custody factors" you will find a lot of free information, including some PDF's about this topic.
Answered on Apr 25th, 2014 at 5:15 PM
2 Awards
Florida does not have a specific age when children may decide with whom they prefer to live. The Courts generally would be more inclined to consider the child's preference if we are talking about a teenager with sufficient maturity, but even in that case, ultimately it is not what the child wants but what the Court determines to be in the child's best interests that controls in a time-sharing modification case. However, you should be aware that to pursue a modification in the first place, you must show that there has been a "substantial, material, and unanticipated change of circumstances". You should really consult with a family law attorney in your area for further guidance.
Answered on Apr 25th, 2014 at 2:15 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Another urban myth. There is no such age.
Answered on Apr 25th, 2014 at 1:01 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska there is no specific age. It depends on the maturity of the child.
Answered on Apr 25th, 2014 at 12:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Actually, it does not. When the child is an adult, obviously the child can then choose where or with whom to live. Until that time child is controlled by the orders of the court, and it is the duty the parents to do as necessary in order to have the child comply. As children get older, if there is some form of custody issue before the court it is common for the court to interview the child and determine the child's preference, but it is only one factor in very rarely determinative.
Answered on Apr 25th, 2014 at 12:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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18. The judge may listen to the child at 13 or 14, but that doesn't mean the court will do what the child wants. The court has to look out for the best interest of the child and children oftentimes want to go with the easy parent, not the right parent.
Answered on Apr 25th, 2014 at 12:06 PM