This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.
This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.
Let me start with the view on one teen on Joint Physical Custody.
Equal Time - A Teen's Views On Joint Custody
How I divide my life between my divorced parents' homes.
By Charlotte Juerge - Newsweek - Dec 15, 2008
See Link Below
"My parents divorced when I was 2 years old. Because I was so young, I cannot remember anything of how the divorce actually felt at the time. But 12 years later, I am quite content with my life and my parents. Unlike many divorced couples with children, neither parent has primary custody of me, but rather, I switch between my parents' houses every other day, spending roughly equal time with my mother and my father. "
For younger children, the argument can be postulated that Parental Alienation may be involved. This is a controversial issue with arguments presented on both sides, but cases involving child abductions where the abductor simply wanted a child, has shown how easy it is to alienate a child, from both parents. But, even teens can be alienated from a parent, or both parents.
Mom Loses Custody For Alienating Dad
Ruling a 'wake-up call' for parents who use kids to punish ex-partners
See Link Below
Parental Alienation Syndrome - The Gregory Mantell Show
See Link Below
A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? See link below
The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?
If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?
There are reasons for the need of two parents, but if the child(ren) are getting tired of switching homes, perhaps it's time for the parent to be doing the switching.
This is what I suggest to the kids faced with choosing which parent to live with.
As an alternative, why not ask for Joint Physical Custody Of Your Parents?
Tell them that you want to remain in a home, and each of them there for three weeks, than switch. Once night a week, the parent not in residence takes you out to dinner or some other activity. While in the home, the resident parent does not date, or have overnight guests, other than relatives.
On the off weeks, the parent rents a room, stays with relatives, their friends, or they can split the cost of a two bedroom apartment, with each having their own bedroom.
The priority here is you not having your life disrupted by their choice not to be together. Their lives are equally disrupted and they split the cost of your home.
The support amounts each parent are obligated to provide for your care can go into a TRUST FUND. From the trust fund, expenses for the home and your standard expenses, are paid.
All this follows in accordance with Federal Laws dating back 100 years as regards Trust Funds that have been established for guardians to draw from when parents have been killed in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.
Any money left in the account would collect interest and be available for emergencies, or special expenses, such as part of the cost of a car, or a college education.
This is called Bird Nest Custody. YOU STAY IN THE NEST WHILE THE BIRDS TAKE TURNS BEING THERE.
* A Child's Choice In Custody * Bird Nest Custody * Equal Time - A Teen's Views On Joint Custody * Mom Loses Custody For Alienating Dad * Parental Alienation Syndrome - The Gregory Mantell Show
If you're in the US, the age is 18. Until then, if the parent has court-ordered visitation, it has to be followed. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very good reason.
As long as you are a minor you are not allowed to decide who you will live with.
No a custodial parent can not kick a child out of school if the child is still a minor. If the child is 18 years old, the parent may kick them out.
18. But if it goes to court the court might ask the child who he wants to live with if he is around 15yo and the court might follow his wish but is not obligated to.
No, at age 19, the "child" is an adult responsible for his own actions. The parent has no legal authority to make the 19 year old do what the parent wishes, therefore the parent cannot be held liable for the child's actions.
Generally, a child does not have the "right" to choose their custodial parent. Until a child is 18, the courts have full discretion to assign custody. However, the child's wishes are often given a great deal of consideration, particularly once the child reaches their teenage years. Ususally, when seeking to include the wishes of the child in the custody decision, a Judge will either meet with the Child in private or accept a letter or oral statment from the child for consideration.
They have to be 18.
He has to be 18.
You have to be 18.
16
They have to be 18yo.
!* 18
They have to be 18.
Canada has no specific law addressing this.
age 18 see links
age 18 see link below
12
Here the child at 16 years can not decide where she or he wants to live. As they are minors the court will decide it for them.