When can kids decide who they want to live with in a divorce?

When can kids decide who they want to live with in a divorce?

Code § 3042.) It’s important to understand that just because the law permits a child to express an opinion doesn’t mean the judge has to follow the child’s preference. Children can’t choose where to live until they are 18 years old.

Can my child decide who they want to live with?

According to California Family Code Section 3042, if your child is “of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.” So.

Can a child choose which parent to live with in NC?

Unlike some other states, the law in North Carolina permits the judge to totally override a teenager’s firmly expressed preferences until the child ceases to become a minor at age 18 or otherwise, making the answer to the question of “Can children choose which parent to live with?” effectively “No, not if the judge disagrees with them”.

How old do children have to be to make their own decisions?

Many parents tell me their child will be 12 years old, 13 years old, 14 years old soon and will be able to make their own decisions. They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with.

When does the age of a child matter?

Depending on the jurisdiction in which you live, the age of your child may matter only in terms of the weight a judge might give to a child’s preference, should he or she have one. In general, the older they are the more their preference might be considered.

When does mom or dad uniformly do not support a child?

When Mom or Dad uniformly does not support a child’s activities when that activity spans the parenting time of both parents, it is not surprising to a judge that a child might have a preference. However, children rarely know all the details of how a parent decides to do something or what both parents talk about regarding their decisions.