What is the age children can decide what parent to live with in Delaware?

Answer 1

There are very few states in the U.S. with legal minimum ages, but many state agencies have published guidelines. Georgia, Illiniois, Maryland and Oregon are a few of the states with very specific ages. Typically 8 year olds and over can be left at home for up to several hours (usually after school before a parent gets home from work).

12 years old appears to be the most common recommendation. http://www.latchkey-kids.com/latchkey-kids-age-limits.htm provides a state by state comparison.

Answer 2

In most states, Delaware included, a child has to reach what is called the "age of majority" (age in which the child is recognized as an adult for making legal decisions, entering into contracts, etc.) before they can make that decision and the age of majority varies from state to state. It can be as low as 18 or as high as 21 depending on where the child lives. In Delaware, the age of majority is 18.

However, almost all states allow the child, a parent or a guardian ad litem to write to the judge and/or petition the court for modification of the original custody agreement. The child's wishes will be taken into consideration and the older they are, the more weight will be assigned to them. But ultimately, it is the court's responsibility to decide what is in the best interests of the child, even though the child may not agree with that decision.