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Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is required to abide by, 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 not 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. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody. Check link below for more info.

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13y ago
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14y ago

Yes and no. Will the Judge rule solely on child's choice? No. Can the Judge rule after talking to the child in child's favor? Yes. bottom line is Judge rules in what is child's "Best Interest"

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13y ago

At fourteen, most judges will consider the child's wishes when making the custody determination. However, the child's wishes will not override concerns about the parent's ability to provide an appropriate environment and appropriate care for the child, should the court have those concerns.

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9y ago

A fifteen year old is old enough to be involved in the custody court process. The judge will take her desires into account as well when the case is decided upon.

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Q: Does Alabama grant a 12 year old a say in who he lives with?
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