Can A Thirteen Year Old Make A Legal Decision Which Parent?

Can a 13 decide which parent to live?

There is no ‘Magic Age ‘ 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.

Can a 13 year old refuse to see a parent?

The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. However, obviously parents may have less control over a teenage child who is refusing visits.

Can a teenager decide which parent to live?

Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. Instead, the majority of states allows a judge to consider a child’s reasonable preferences for living arrangements when making custody decisions.

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Can my 14 year old choose where to live?

If a child is at least 14, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental. Children can’t choose where to live until they are 18 years old.

What age does a child have a say in court?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

What do I do if my child doesn’t want to see a parent?

There are essentially two legal avenues to take in this situation. First, if there is a court order that establishes your visitation schedule, then you can ask the family court to hold the other parent in contempt of court.

At what age can a child refuse to see their parent?

Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you.

How do I prove I am a better parent in court?

Keep a file of the following records to prove that you are a great parent:

  1. Birth Certificate.
  2. Social Security Card.
  3. Academic Transcripts.
  4. Behavioral Reports.
  5. Awards and Certifications.
  6. Health Records.

Can an 11 year old 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.

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Can a child choose not to live with a parent?

Ultimately, it will be at the court’s discretion to determine whether or not addressing the court will be in a child’s best interests. California Family Code Section 3042 states that 14 years is the age at which a child may address the court; however, this does not prohibit younger children from addressing the court

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

If your child is adamant about not wanting to live with you or not wanting to hold any visitation with you, the best thing for you to do is to talk with your child about his/her feelings. Maybe this is just their way of acting out, or maybe they do have some valid concerns that you weren’t completely aware of.

Can you live with someone else at 14?

3 attorney answers A 14-year-old can live in any legal place she chooses so long as both parents agree. If the parents do not agree, the 14-year-old must live where she is told to live by her parents

Can I live alone at 15?

Usually, the minor must be at least 16 years old to do this — although, in California, minors as young as 14 may petition the court for emancipation. Answer: Typically, a 16 year old is still legally considered a minor and must be cared for by his/her parents.

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