What Is The Legal Age A Child Can Make There Own Decision Who They Live With?

When can a child say who 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 12 year old decide who they want to live with?

If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is “of sufficient age and capacity.”

Can a child choose 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 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.

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.

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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?

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 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 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 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.

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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.

At what age can a child be left alone?

The National Society for the Prevention of Cruelty to Children ( NSPCC ) says: children under 12 are rarely mature enough to be left alone for a long period of time. children under 16 should not be left alone overnight. babies, toddlers and very young children should never be left alone.

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