Should children have the right to decide with whom to stay after divorce?

Should a child get to decide which parent to stay with after divorce?

If you’re going through a divorce (or if you have already divorced and want to modify an existing custody or visitation order), your child’s opinion should be considered—if he or she wants to share it. It will be necessary to prove, however, that your child has the capacity to have and express a preference.

At what age can a child legally decide who to live with?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

Can a 12 year old choose which parent to live with?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …

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Can a 13 year old decide who they want to live with?

In general, young children should not be given the choice of where they want to live. This can even lead to a child regretting their decision or feeling guilty. Depending on a number of relevant factors, including the child’s maturity level, a child’s preference becomes more important by about age 12 to 13.

Can a 12 year old decide to live with grandparents?

Can a minor choose to live with a grandparent? Answer: A minor does not have a right to choose his residence, and is subject to the custody and control of his parent or legal custodian until emancipated. It is possible that the grandparents could petition for guardianship or termination of parental rights.

Can a 10 year old decide which parent to live with UK?

In England and Wales a child can choose who to live with from the age of 16, unless there are certain Court Orders in place that say otherwise. However, you can allow younger children to make this decision for themselves if you wish, but their decision alone won’t have any legal standing.

What if a child doesn’t want to live with a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.