Readers ask: In Mass How Old Does My Child Have To Be To Make A Decision In Court?

At what age does a child have a say in court?

if your child is under the age of 12, they will have an ‘Independent Legal Representative’ who will tell the Court what they think is best for your child; if your child is aged 12 or over, they will have a ‘Direct Legal Representative’ who will tell the Court what your child wants.

At what age can a child tell a judge who they want to live with in Ohio?

Ohio law does not provide a predetermined age, though many counties do in their local rules. Often they are addressed in the county’s standard order of parenting time. The majority of counties appear to choose the age of 16 as the age in which the minor child may make the choice on their own behalf.

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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.

Can a 10 year old decide not to see a parent?

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 16 year old decide where they want to live?

Parents often want to know at what age a child can decide whom to live with. The answer is simply: according to the law, eighteen. However, dissolution of marriage statutes provide that the child’s wish as to where s/he will live is a factor to be considered by a court in making a custody decision.

What age can a child choose to live with their father?

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

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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.

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.

What happens when a child refuses to go with a parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.

Can a 10 year old child stay home alone?

Most states don’t have laws stipulating how old a child needs to be to stay home alone. Most experts say that by age 10 or 11, it’s OK to leave a child alone for short periods of time (under an hour) during the day, provided they’re not scared and you think they’re mature enough to handle it.

Does a residence order remove parental responsibility?

If a Residence Order was granted (prior to 22/04/2014), or if there is a person named as having residence under a Child Arrangements Order, Parental Responsibility shall automatically be given to any person in whose favour the order is made. This Parental Responsibility will terminate when the order comes to an end.

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Can a dad take his child from the mother?

If you have sole physical custody, also known as, the primary custodial parent, you can take your child away from the mother. However, if you do not have primary custody, it can be virtually impossible to take the child away from the mother.

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