Yes, see related links
legally yes, if you go to court and have approval from a judge
Here's the code for CA - Tenessee is probably similar. What are the best interests of the child? 3042. (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody steveshorr.com A 16-year-old cannot just choose where they want to live. They must abide by the custody order of the court. The non-custodial parent can petition the court to change custody. In that event, the child would be able to advise the judge of where it is that they would prefer to live, but the judge makes the final decision. In the situation you described, *merely in my personal opinion*, it's unlikely the judge would grant this parent custody. However, I am not an attorney, and you might want to speak with one.
You have to be 18 but if it goes to court the judge might listen to your wish around 15 years of age but he is in no way obligated to follow that wish.
Yes. A child as young as 11 years old can choose which parent they wish to live with. It doesn't mean however that a judge will grant it, it merely means that the child can file formally with the court for a change in custody.
At 16 it is the childs' choice. The errant father certainly has no legal rights to the child. Laws pertaining to child custody are set by the state in which the minor and his/her custodial parent or legal guardian have established residency. Although a father has not been involved the child's life it does not automatically exclude him from filing a custody petition. Parental rights can only be terminated in two ways, voluntarily or by order of a court of jurisdiction. As long as the child is deemed a minor pursuant to the laws of the state of residency, age is not a factor. In most cases the judge presiding over a custody hearing would take into account the wishes of a sixteen years old.
YES, the child must be involved
no see links
Unless the judge ask for it or the child lives in a state where he/she is old enough for a judge to listen to, the child will not be heard. It's the parents or court who decides custody and the child can not choose. If the child will be heard he/she has the right to say whatever they want.ClarificationCourts rarely require a child to testify in a custody matter and if they do, the judge is more likely to speak with the child privately rather than have them "testify" in court. The child cannot be "called as a witness" for one party. If the judge wants to speak with the child the parent cannot refuse. In most cases the judge will order an evaluation by one or more court appointed professionals (psychologist, pediatrician, social worker, attorney, etc.) who will then submit a report of their findings and recommendations to the judge to assist her/him in rendering a decision. The judge will then, in some cases, interview the child.
If custody has not yet been decided by the court the child can express his wishes but the judge is not required to follow them and the judge will make the final decision.If custody has not yet been decided by the court the child can express his wishes but the judge is not required to follow them and the judge will make the final decision.If custody has not yet been decided by the court the child can express his wishes but the judge is not required to follow them and the judge will make the final decision.If custody has not yet been decided by the court the child can express his wishes but the judge is not required to follow them and the judge will make the final decision.
No judge in their right mind would grant it.
legally yes, if you go to court and have approval from a judge
If the current custodial parent is not willing to relinquish (or take), custody, then you have to retain an attorney and have it taken before a judge.
only in Texas, with limitations. See links
No, only the judge presiding over the custodial hearing can do that.
There is not an age at which a minor is allowed to choose where or with whom they wish to live. A judge may speak with an older teen concerning the issue, but the decision will be based upon the what the judge feels is best suited for the optimate well-being of the child or children involved.
only to the judge in chambers. Will need to be examined for P.A.S.
You cannot decide. You can have the other parent request a change of custody, though. You will probably have to go in front of the judge to express your opinion on the change of custody once it reaches courts.