Children and the Law
Divorce and Marriage Law
Emancipation and Ages for Moving Out

Can a 12-year-old special-needs child choose - in a divorce proceeding - which parent he wants to live with?

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July 24, 2009 4:09PM

== == It is sad that this situation exists, and I'm sorry for the child more than for the parents. I happen to be around some disabled children sometimes and some seem to be sort of with it. If the disabled child realizes the seriousness of the matter then yes he is at the age where he can be able to pick it, but this can cause psychological problems which I believe a disabled child doesn't need. But if he can bring his mind together and realize the seriousness of the matter then yes he can if not i believe it is up to others to decide for him. Yes and no!!! Of course they can but it all depends Yes, when I was 12 years old, my mom and dad got separated and I got to choose who I wanted to live with. The child could decide what parent they would rather stay with, but that wouldn't have much effect on what the court decides; especially being a special-needs child. Adults don't seem to have as much sympathy for a person with special needs as they would a normal, healthy person with mild needs, which is frustrating to me. It seems like that's a little bit of discrimination? -bold font written by platinum doll If the child can speak, or knows how to love, then yes! They can choose which parent he/she wants to live with. On the other hand, if you cannot understand what he/she is saying, then you will be in a little more trouble...