What Age Can A Child Make The Decision Which Parent They Want To Live With?

Can a 12 year old choose which parent they want 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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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

Can a 14 year old choose where they want to live?

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. That time is not attached to any specific age, but is rather the product of maturity and a level of independence.

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.

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.

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What age can a child refuse to see their father?

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.

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.

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.

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 happens if a child doesn’t want to visit the other 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.

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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 you move out at 14?

Emancipation is a legal process that gives a teenager the right to legally move out of his parents’ home. In these instances the child is said to be emancipated from his parents. Court order – The court may grant an order of emancipation if it determines that emancipation is in the child’s best interests.

Can a 14 year old choose to live with a grandparent?

Can a minor choose to live with a grandparent? Answer: A minor does not have a right to choose his residence, and is subject to the custody and control of his parent or legal custodian until emancipated. It is possible that the grandparents could petition for guardianship or termination of parental rights.

What happens if a child wants to live with the other parent?

In some child custody courts, children are allowed to complete an Affidavit of Preference and sign. The affidavit specifies the child’s preference for his or her custodial parent.

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