ANSWERS: 5
  • Every country and jurisdiction is different. Unfortunately, the law regarding a child's 'right'* to choose which parent to live with is murky, and varies considerably by State and jurisdiction. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen. The judge is normally given almost unlimited latitude in whether or not he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age" when a child can say who they want to live with. In most cases the circumstances of the situation will matter as much or more than the child's age. It is true, however, that the older the child is the more his or her preferences tend to influence the judge. For example, forcing a child of fifteen to remain in a home where he or she does not wish to be could quickly lead to more serious family problems. This 'harmony' factor may carry more weight in the judge's estimation than the child's preference itself. Some States allow an "Affidavit of Preference" to be signed by a child to specify a custodial parent or Conservator. Again, the judge is given almost unlimited latitude in how much importance he attaches to the affadavit. Some may disapprove of it, feeling that the child has been unfairly put in a position of having to choose (and perhaps rightfully so). In some cases the judge may decide to talk with the child privately "in chambers". Attorneys and parents are normally excluded so that the child can speak freely without fear of displeasing one parent or the other. It is worth noting that what a child tells or relates to a judge in chambers may not necessarily be kept confidential. No one, not even the judge, can guarantee that what a child says will remain confidential; indeed, the child's statement(s) may play an important part in the judge's decision and as such would normally become a matter of record. Unless circumstances leave no alternative, children should never be asked or required to testify. Even having the child speak privately with the judge should be avoided. The stress that testifying places on a child is immense and unfair- even a 'private' talk with the judge in his chambers is testifying in some way, and the child knows it. No child wants to be placed in the position of being asked to choose one parent over the other. Only when the child has a genuine and voluntarily desire to speak with the judge should it be considered. http://www.deltabravo.net/custody/choose.php
  • The legal age in Michigan is 7. However, a 7 year-old must be able to stand in front of a judge with both parents present in the court room and speak on his/her own behalf without any coaching from the parents. At age 12, a child can write a letter and appeal on their own who they wish to live with, and why. A court hearing will follow. At age 16, the child can choose on their own without notification or intervention from the court.
  • is there a legal age in uk where child can choose which parent they live with please
  • A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? http://cabaraoke.newsvine.com/_news/2008/12/01/2165344-a-childs-choice-what-is-the-right-age-for-a-child-to-choose-which-parent-to-live-with The child can demand Joint Custody of them, and not the other way around. They can be told that the children need to remain in the home and each parent can live there for three weeks, than switch. Once a week the parent not in residence takes the children out to dinner. While in the home, the parent does not date or have overnight guests, other than relatives. On the off weeks, the parent rents a room, stays with relatives or friends, or they can split the cost of a one bedroom apartment that they share. The priority here is the children not having their lives disrupted by the choices of the parents. The parents' lives are equally disrupted and they split the cost of being in the home. If child support is ordered, both parents can pay into a trust fund that pays out to cover the children’s expenses. Anything over and above those expenses remains there to collect interest and goes toward a college education. When the children are grown, and completely out of the home, than the property can be sold or whatever the parents want to do with it. This is called Bird Nest Custody. The children remain in the nest and the bird take turns being there. http://tinyurl.com/GiveKidsAChoice
  • What about Illinois? I know it used to be 13 in Missouri (we're right across the river now) but, I heard it is 12 in Illinois. Thanks!

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