Readers ask: How Old Must A Child Be To Make Decision In Court Whicg Parent They Want To Live With?

Can a child decide which parent he wants to live with?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the

Can a 13 year old decide who they want 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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What age can a child make a decision to live with a parent?

If a child is at least 14 years old, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental. Those children may address the court unless the court finds that their participation is not in their best interest.

When can a child decide who to live with UK?

When a child reaches the age of 16 they are legally able to decide where they wish to live unless there is a residence order or child arrangements order specifying living arrangements which lasts until a young person is 18.

How can a mother lose custody?

Top 4 Reasons That Could Cause a Mother to Lose Child Custody

  1. Physical abuse of the child. If this type of abuse is reported to law enforcement or child protective services who then act, custody could be revoked.
  2. Physical abuse of the partner.
  3. Neglect.
  4. Violation of a court order.

Can a child refuse to see a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. 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.

Can a 10 year old decide which parent to live with?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

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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.

What age can a child say they don’t want to see the other 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. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.

How do you prove best interest of the child?

You can demonstrate this by showing that you have enrolled your child in school, are involved in their education and upbringing, have participated in extracurricular activities, and have made other parenting decisions demonstrating an interest in nurturing your child.

What questions does a judge ask a child?

Here are some questions that a judge may ask during a child custody hearing:

  • What Is Your Financial Status?
  • What Type of Custody Arrangement Are You Seeking?
  • How Is Communication With the Other Parent?
  • Do You Have Any Existing Arrangements?

Can a child choose to live with one parent?

It is a common misconception that a child that reaches a certain age can decide which parent to live with after a divorce or separation. The fact is until the child is 18, the only individuals who can determine custody are the child’s parents, and if the parents can’t decide, a judge will.

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What happens if a child doesn’t want to visit the other parent UK?

However, if your child refuses, the non-resident parent could apply to the Court and the resident parent could be held in contempt of Court. If your child regularly refuses contact with the other parent, you can apply to the Court for variation of the order or to have it discharged.

Can a 10 year old decide which parent to live with UK?

What Does the Law Say? A child cannot legally decide who they want to live with until the age of 16. However, this may extend to 17 or 18 if there is a child arrangement order in place that specifies where a child should live.

Do mothers have more rights than fathers UK?

The short answer to your question is yes, fathers do have the same parental rights as mothers. However, you should know that in the UK, whereas a mum automatically obtains parental responsibility as soon as her child is born, the situation is a bit more complicated for the dad.

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