QUESTION
How likely is a 14 year old's election to choose a joint physical custody arrangement to be accepted by the judge?
Asked on Feb 17th, 2013 on Child Custody - Mississippi
More details to this question:
Our 14 year old wants to split physical custody between two parents. This would keep his current school and church in tact. From what I've read, it's highly unusual for a judge not to respect a 14 year old's election.
9 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The judge has to consider the child's wishes but does not have to follow them. The best interest of the child is the governing rule.
Answered on Feb 20th, 2013 at 2:33 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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A judge will normally give weight to what a child 14 wants.
Answered on Feb 20th, 2013 at 2:33 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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The judge has the discretion to determine custody arrangements if the parents cannot agree. If you and your spouse agree then you can stipulate and agree and that issue will be settled without the court hearing the issue.
Answered on Feb 20th, 2013 at 2:33 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Most judges will give some deference to an adolescent child's preferences, but not as much as you'd think. The judge will look into the reasons why the child wants to split time between the two parents. There are good reasons (e.g. the child loves you both) and there are bad reasons (e.g. you let the kid get away with bad behavior). The judge will ultimately base her decision on what in the best interest of the child. In making that determination, the judge will look to several factors including the child's preferences, your ability to provide safe housing and a nurturing environment, and whether you will cooperate with your spouse over custody.
Answered on Feb 19th, 2013 at 3:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Depends on the judge, the kid, the living environment with each parent and whether one or both of the parents may be a danger to the kid.
Answered on Feb 19th, 2013 at 3:23 PM
The court looks at the Best Interest of the Child standard. While, a 14 year olds desires carries more weight than a younger child, this is just one factor that the judge will consider. If you would like to discuss further, you can contact our office for a free 30 minute consultation.
Answered on Feb 19th, 2013 at 3:22 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Starting in 2012, age 14 is the age at which children are presumed to have sufficient maturity to express their opinion regarding their custodial arrangement but it is still within the discretion of the judge as to whether to even listen to the child and, of course make a decision as to what is in the childs best interests.
Answered on Feb 19th, 2013 at 3:21 PM
Divorce & Separation Attorney serving Ridgeland, MS
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Hancock Law Firm, PLLC
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While the judge usually orders a child of 14s preference. Not all Chancellors will readily order joint physical custody. You should contact a family law attorney knowledgeable about the chancellor in question.
Answered on Feb 19th, 2013 at 3:20 PM
John Arthur Smitten
Not sure what law you are researching - kids never get to decide. Never.
Answered on Feb 19th, 2013 at 3:20 PM