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Only Indiana and Texas have laws setting out a specific age at which a child can make a choice, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under no legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made.

Once custody has been awarded by a court it would take another court order to change that arrangement. The court may listen to a child's request to change custody but it is under no obligation to modify the custody order at the child's request. The court would be looking for an appropriate reason to order a change in custody such as the custodial parent being unfit and the change being in the best interest of the child.

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12y ago
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14y ago

It varies from state to state and country to country. Usually the "Age of Consent" is recognized by the judge and affords the minor the option to choose which parent to live with. Some states do not grant the child any say in the decision.

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14y ago

Your question is tricky and could be complicated from a legal stand point now from my understanding there is no legal age; it is solely up to the parents and the child. Question is "does the parent you want to live with want you?" If so and the other parent is not willing to let you go then a custody battle just may have to take place. This is really up to the parents so maybe you need to have a talk with them and explain why you want to live with that parent. Remember Respect both of there wishes for you! There may be other issues pertaining to this sensitive subject. For instance "can the other person competently be a parent and a provider for you?" If you have any more questions fell free to e- mail me at: baby_junebug84@Yahoo.com I hope I have been of help to you GOOD LUCK! Here is some legal stuff that may help you better understand what would happen if a custody battle should occur - (1) The court first shall determine the reasoning ability of the child. If the court determines that the child does not have sufficient reasoning ability to express the child's wishes and concern with respect to the allocation of parental rights and responsibilities for the care of the child, it shall not determine the child's wishes and concerns with respect to the allocation. If the court determines that the child has sufficient reasoning ability to express the child's wishes or concerns with respect to the allocation, it then shall determine whether, because of special circumstances, it would not be in the best interest of the child to determine the child's wishes and concerns with respect to the allocation. If the court determines that, because of special circumstances, it would not be in the best interest of the child to determine the child's wishes and concerns with respect to the allocation, it shall not determine the child's wishes and concerns with respect to the allocation and shall enter its written findings of fact and opinion in the journal. If the court determines that it would be in the best interests of the child to determine the child's wishes and concerns with respect to the allocation, it shall proceed to make that determination.

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13y ago

from 10-13 but my mom always says you have to be 16 but its bull crap you can be 10-13 once agiain but some court wont let u talk so be careful of what court your in

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14y ago

Usually about 12-13 years old is accepted by a judge for a choice like that.

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13y ago

you have to be in the age range of twelve to sixteen at least. good luck with your decision. :)

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14y ago

Age 18

see links

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11y ago

You have to be 18.

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3y ago

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4y ago

16

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Q: How old do you have to be to decide which parent yo want to live with?
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How old does a child have to be to decide which parent they want to live with?

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