Children and the Law
Emancipation and Ages for Moving Out

Can a 16-year-old child choose which parent he wants to live with?


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2011-07-29 14:09:54
2011-07-29 14:09:54

No, minors are not allowed to choose with whom they wish to reside. In some instances the judge will speak with a minor child about certain issues and may or may not take the minor's opinions into consideration when making custodial decisions.

The issue of where the minor child/children live will be made on what is in his or her best interest and not on the preference of the parties involved including parents or the child/children.


Related Questions

Depends if the parent has said that the child can choose what he wants, if the parent has then it is recommended that the child is given the choice of the school that they get to go to

A child has to be 14 years old in order to choose which parent it wants to live with in the state of Georgia. However, if there is a valid reason why the child should not be with the chosen parent, the judge can step in.

There is no such process. A child of 12 is not allowed to choose.

I want to know at what age must my daughter be before she can choose which parent she wants to live with.

No, there's no such thing. Unless the child is dependent on the parent and is under 18. The child has to go school where the parent wants them to, but there is not a law that states that.

In the state of Illinois, the court decides which parent that a child will live with. There is no particular age that the court will allow a child to choose, but will take into consideration the reasons the child wants to live with a certain parent, and the ability to articulate their choices.

Yes, legally at the age of twelve a child can choose which parent he / or she wants to live with and visits with.

18 should do it. Below that, the court will take the child's wishes into account, but is not bound by them. If the child wants to live with one parent, but in the opinion of the court the child would be far better off living with the other parent, it's within their discretion to direct the child to the more suitable parent regardless of what the kid wants.

In Texas, if a child is 14 or older, he/she can choose to live with a grandparent as long as permission is given by the custodial parent.

The court might ask what parent he wants to live with but they are in no way obligated to follow his wish and especially not if the parent were abusive.

What child, what age, what state, what judge?

I don't think that is possible. It is up to the judge to choose which parent is more suitable for custody of the child. Even try joint custody. Therefore, the answer is 18, at which point you're no longer legally a child and can live wherever you like.

depending on the age of the child, the courts may evaluate your situation in making a decision on which parent will maintain custodial status. If the parent to which you are interested in living with, your parent must also participate with the courts to make a final decision as to your residency and whom you reside with.

A minor can not choose where to live. That is up to the parents or the court depending on the details. If your non-custodial parent who lives out of state wants you to live with him/her, they have to petition for custody unless your custodial parent will consent to the change and join in a modification of the custody order.

In my state (Georgia) when a child is 14 and both parents are in a position to care for the child then the child can choose which parent he/she wants to live with. The judge will of course have the final say so, but the child's wishes are greatly considered.

The child has to be of legal age, usuallly 18, before deciding which parent s/he wants to live with. Until then, the judge will decide if the parents don't agree on custody.

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