Can a 12 year old choose which parent they want 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 …

How does a judge decide on child custody?

The judge has broad discretion as to what to do with the child’s election. The judge will consider the child’s desires as a factor in determining custody, but the judge will also consider other factors to include the educational needs of the child, the parent’s ability to provide for the child, the environment the child may be exposed to, etc.

How old does a child have to be to get custody in a divorce?

According to some state’s divorce laws, your child will never have the exclusive ability to make that determination until he/she has reached the age of majority or emancipates. In common practice, however, the courts will allow children who have reached typically the age of 14 to select the parent with whom they wish to reside.

When can a child decide which parent he wants to live with?

A very common question in custody cases is, when can my child decide which parent he/she wants to live with? According to some state’s divorce laws, your child will never have the exclusive ability to make that determination until he/she has reached the age of majority or emancipates.

What happens when your child wants to live with your ex?

Separation and divorce can be tough for kids and parents. If your child announces that they want to live with your ex, it can bring up a mix of emotions—even if the announcement doesn’t come as a total surprise.

What happens when a parent has custody of a child?

Raising Distrust and Suspicion – The parent who has custody of the child may question whether the other parent has done something harmful to make the child fearful or unwilling to visit.

When to seek help in a child custody case?

If you are facing an abusive, neglectful or unreasonable parent in a child custody case, you need help. It takes courage to stand up to a bully. A parent that has been physically abusive or cowardice enough to make knowingly false allegations of abuse should not have the same parenting time as a kind and loving parent.

Can a court take custody away from a non custodial parent?

The court may give discretion on educational related decisions to the non-custodial parent and take parts of the custodial parent’s joint legal custody away. It doesn’t always have to be all or nothing.