Yes. The judge may speak with the child but is under no obligation to rule according to the child's preferences.
Yes. The judge may speak with the child but is under no obligation to rule according to the child's preferences.
Yes. The judge may speak with the child but is under no obligation to rule according to the child's preferences.
Yes. The judge may speak with the child but is under no obligation to rule according to the child's preferences.
Yes. The judge may speak with the child but is under no obligation to rule according to the child's preferences.
Minor's are not allowed to choose with whom they wish to live, although the judge may speak with the child and take his or her opinions into consideration when making custodial decisions. Likewise, the grandparent who has temporary custody cannot release the minor into the custody of any other person including a parent without first obtaining permission from the court.
Yes, see related links
Yes, however it could be viewed as a sign of Parental Alienation Syndrome. which the child may not realize they have as a primary parent can be very good as manipulating how they think about the other parent.
Not arbitrarily. The age of majority for the state of North Carolina is 18. That being so, a minor is not allowed to choose which parent he or she wants to live with. In most custodial cases a child who is deemed able to understand the matter at hand will be interviewed by the judge who has jurisdiction in the custodial case. It is at the descretion of the judge whether or not to speak with the minor child/children. The judge also will decide whether or not the knowledge garnered by the interview will be used in deciding which parent should retain physical custody of the minor child.
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.
Rights as far as which parent to choose to live with? That would be at age 18, the age of majority in Nebraska. However the child is always free to make their wishes known to the judge, either in court when custody is being decided, by requesting a meeting with the judge, writing a letter to the judge expressing their wishes, or engaging an attorney or guardian ad litem to speak for them. The judge will take into consideration the wishes of the child, and generally, the older the child, the more weight is given to those wishes. Ultimately, however, the judge will rule depending on what he or she feels would be in the best interests of the child.
For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.
The child cannot make that choice. A parent needs to file a challenge, during which a GAL will present the child's view to the judge. Or, arrangement for the child to speak to the judge in private. The judge determines the child maturity, and related factor, in a custody change. 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.
No, the state does not have grounds nor procedures for the emancipation of minors. If there is a custody hearing, you most likely will get the opportunity to speak with the Judge, but your parents or a Judge will determine with whom you need to live until you turn 18.
a child in tribal custody has asked to speak with the judge of the tribe. Does the child have the right to do that?
Cobb County in what state? Texas is the only state in the union mandating the judge must meet with a child age 12 and older in order for the child to express his or her wishes as far as custody is concerned if the child or their legal representative requests it. However, in every state in the union, the child's wishes are a factor when deciding custody and the older the child, the more weight given to their request. Without knowing the child's age and the state where you reside, it's impossible to give an accurate answer, however the parent, an attorney or guardian ad litem is always free to request a judge meet with the child. But as stated above, the judge is not mandated to do so unless the case is heard in Texas and the child involved is 12 or older.