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Parker Kiehn

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2y ago
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18y ago

A minor is not allowed to choose which parent they wish to live with. If the minor is of an age where the judge feels he or she understands the issue, the judge may speak with said minor concerning how they feel about where they are now residing, such as school, friends, and so forth. With older teens a judge will sometimes ask them why they would choose to live with a particular parent. Judges make custodial decisions based on what is in the best interest of the child and not the preferences of anyone else.

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18y ago

In all courts across the United States of America the general rule of thumb is 12/13. But in the end it is always up to the judge's discretion. * Minor children are not allowed to choose which parent they wish to reside with during custodial proceedings. In some cases the judge will interview a child who is mature enough to understand the circumstances, he child is then allowed to state their wishes and the reasons for the choice. This however does not affect the outcome of the judge's decision, as all such rulings are based on what is in the best interest of the child and not an individual's preference.

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10y ago

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.

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13y ago

Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto 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.

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11y ago

They have to be 18 to decide.

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14y ago

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14y ago

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Q: What is the legal age a child can decide which parent he wants to live with in NY state?
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