The age at which your child can decide who they live with, who they spend time with and how much time they spend with that parent (if any) is dependent on a number of factors. After the age of 12, however, the court may consider the child’s wishes in conjunction with other factors. Learn more here. However, children under 18 cannot unilaterally pick the parent that they want to live with. It can be heartbreaking to hear your teen say they want to live with their other parent. At what age can a child decide which parent to live with? This misunderstanding causes a lot of litigation and stress between parents and their children. They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with. If you’re having a hard time viewing your child's request objectively, talk with a friend or counselor about how you can separate your child’s request from your identity as a parent. The typical scenario is that a couple divorce when their children are younger and the custody is awarded to the mother. When can a child choose which parent they want to live with, in Australia? Posted Nov 02, 2012 There will come a time where a child is able to ‘vote with their feet’ so to speak and place themselves physically where they want to be. Can a binding financial agreement be overturned? In fact, laws vary widely from state to state. Many states have started to consider a child’s stated preference for the parent with whom the child wishes to reside when the child reaches 12 or 13. In my country, the law is, that at 12, the child's opinion has to be noted and listened to in divorce cases, but it should never be left to a child to choose between their parents. How does the family court treat assets and debts incurred after separation? This is not the case. How to save on legal costs in a family law matter. Published March 24, 2015 . NO! There is no defined age in Alberta or in British Columbia at which children can choose where to live when their parents are separated. What if the other parent won’t return my child? Do Grandparents have rights in family law? Split Custody Schedules. As a result, a child custody agreement can require modification based on a child’s desire to live with one parent over the other. Can I negotiate my own property settlement? She has told her told mother the same. Rather, the question for determination is: what weight will the court give to your child’s wishes? In most instances, South Carolina is not going to allow children under the age of 12 to voice their preference about which parent they would like to live with. No. Since this child only has one surviving parent, then, the child is going to be with that parent. Parents of divorced or separated parents often want to know when their children can decide where they want to live. This article examines all of the factors involved in deciding whether a child’s preference carries any importance with a family court judge. What about assets received post-separation? When the Child is Younger than 12. The parent who is not selected by the child could still change that outcome if he or she can prove to the court that the selected parent would not be able to provide for the child or is otherwise not a choice that is in the child’s best interest. After a judge decided that the 12-year-old would engage in the same child custody arrangement as the triplets, the child indicated that she no longer wanted to spend overnights with her father, who lived in … Can a parent get custody if they have a history of domestic violence? It is commonly misunderstood in Texas that a Child 12 years of age or older can “decide” with which parent they want to live. However, the weight a Court places on the child’s preference will depend on the child’s maturity and age. If the child is 12 years old or older, the Court is required upon a request by any of the parties to the suit to make a record of the interview with the Child. Principal Family Lawyer at Cudmore Legal Family Lawyers Brisbane Co. Luke is experienced in family law matters ranging from divorce to child custody. It happens too much now as it is. Despite this, your child’s wishes can be considered by the court no matter how old they are. Most courts will see the child too young to make the decision. However, the weight a Court places on the child’s preference will depend on the child’s maturity and age. So, the child’s preference – even if not in your favor – is not the end of the Story. Can a 15 year old choose which parent to live with? by Hallier Lawrence | Apr 25, 2016 | Child Custody. Therefore, it is difficult to overcome a 14 year old … When your child turns 12, can they decide which parent to live with? 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