If your state is similar to Pennsylvania, then the court should hold the custodial parent responsible for ensuring the minor child/children see the noncustodial parents according the custody schedule. Many times, due the multiple factors that a court considers in determining the best interest of the child, decisions are very fact dependent and each case must be evaluated individually. Other factors listed in s.60CC of the Family Law Act include: It is important that the Court considers all the relevant factors and not just the child’s views. Additionally, a child does not have the right to decide when he /she no longer has to visit with the other parent. (23 Pa. Cons. People may tell you children as young as 10 can decide. At this age they are no longer a child and subject to a custody action. A parent can be excused for thinking that if their child is telling them that they don’t want to see the other parent as much, or even at all, then that is the end of the matter. In fact, Arizona has no “magic age” at which the children can choose their own parenting time schedule. For legal advice and child custody laws in your state regarding when can a child decide which parent to live with you'll probably want to consult a child custody lawyer or family law attorney in your area about your specific situation and how the law applies. One of the factors for courts to consider is the “wishes of the child as to his custodian.” See, KRS 403.270(2)(b). How old does a child need to be before he or she can decide how much they want to see their other parent and which parent to live with? Call 1-866-245-9829 or submit the form below. How old does a child need to be before he or she can decide how much they want to see their other parent and which parent to live with? This will put them firmly at the heart of the Family Justice System. At What Age Can My Child Refuse Visitation? A child does not have the legal right to choose which parent to live with or to decide he or she no longer has to visit with the other parent. However, the court will listen to the children’s testimonies. Of course, as your child grows older, it can be difficult to “force” him or her to adhere to the visitation schedule. Ann. DIFFICULT EMPLOYEE WHAT DO I DO ABOUT A PROBLEM WORKER? Customer Question. Answer: There is no set age in South African Law where a child under 18 can make a decision. It should be remembered that a child’s expressed view is only one factor that the court should consider when determining what is in the child’s best interests. This is a frequently asked question that my family law clients ask. Obtaining a report by a counsellor, psychologist or psychiatrist. The standard in custody cases is “the best interest of the child.” Generally, a parent will be awarded custody if it is in that child’s best interest. If you think that your child’s preference could be a factor in your custody case, contact our office today for a consultation and we will be more than happy to discuss with you the facts and circumstances unique to your case. Legal Age For Child To Choose Custody. The father argued that the children had expressed a desire to live with him in New York and therefore, they should be permitted to stay. Also, sometimes child preference can be a factor when there are disparate conditions in both parents’ households and living conditions. Yet, just because a child expresses which parent they want to live does not mean that it will happen. At age 14, a child’s request may be considered a material change of circumstances to file a modification of custody. This is not the case. Generally speaking, the older the child and the greater the level of understanding that the child has, the more weight the court is likely to place on the child’s wishes. When can my child decide when they should see the other parent? As children of divorced parents get older, they may be pulled toward one parent or another and may not want to see the other parent. Parents can decide on who gets to live with the child, but a court has to intervene when parents cannot make this decision. Separating or divorcing parents also need to agree on how o… Older children may become withdrawn, show disinterest or just be blunt and say, 'I don’t want to go'. The Court can inform itself of the views of a child by: In the recent decision of Bondelmonte v Bondelmonte [2017] HCA 8, the High Court considered the case where a father had taken his 14 and 16 year old boys to New York for a holiday. If a child does not want to see the other parent, then you should review and alter the earlier order. If she doesn't see him can he stop the child support? in iowa, ... She would have to be of legal age 18 to make this decision. In fact, courts should consider the wishes of a six-year-child AND a 16-year-old child. Most courts, however, will not force a child to see one parent. My kids, age 13 & 15 reside with their father although we have joint legal custody. Parents of divorced or separated parents often want to know when their children can decide where they want to live. How are Inheritances Treated for Family Law Purposes and does the Timing of the Inheritance Matter? ... parents objects the issue goes to family court and most judges do not like minor children telling them how much they want to live with the other parent unless there is an issue of abuse and/or neglect. As most family law attorneys will tell you, legally, the age when a child can decide is 18. Brette's Answer: Child support and visitation are two separate things. Nowhere in this statue does it states that a child of a certain age gets to choose his or her custodian. Generally, a parent will be awarded custody if it is in that child’s best interest. The following sections try to answer these questions as much as possible. For example, a 16-year-old might want to live with his father because his father has promised to lift curfews. This allows a decision to be made that is in the best interests of the child, which may at times, be different to what a child wants. However, if a child decides he no longer wants contact with his divorced parents, he must become emancipated before he can exercise a legal right to refuse contact. All discussions confidential. (23 Pa. Cons. Can they arrest me if my child refuses visitation? That means they decide who has physical custody, who has legal custody, who will pay child support, and how much the child support will be. Wiki User ... the legal age a child has to be to decide what parent they would choose to live with is 13. Section 60CC of the Act sets out the various factors that are taken into account when determining what is in a child’s best interests. There is no fixed age when a child can decide on where they should live in a parenting dispute. Please enter your details below to get instant access: 4 STEPS TO FOLLOW BEFORE COMMENCING FAMILY LAW PROCEEDINGS, 7 THINGS YOU MUST DO BEFORE YOU START A BUSINESS. When a child can decide which parent to live within Alberta. An excellent and experienced lawyer can help you navigate through the system. This is an urban myth that must be debunked. ... the other parent is typically allowed to see the child and enquire about their care and well-being depending on the circumstances. This field is for validation purposes and should be left unchanged. The mother applied to the court for the children’s return. Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live. © 2020 The Lancaster Law Firm, PLLC. the child's preference, depending on the child's intelligence and age, and; any other factors the court deems relevant. The Lancaster Law Firm is a full service Law Firm with 2 offices in Central Arkansas. The answer is “it depends.”. When Can a Child Legally Choose Which Parent to Live With? As you can see, there is no magic age the court will allow to, by itself, decide with whom a child … ... We can discuss your divorce or other legal matter and find a path forward. Legal age for child to self-decide which parent to live with In Maine, ... See what other people are asking and the advice they're getting. A child’s wishes must be considered by both the Guardian ad Litem and the Court once the child reaches an age where they are able to articulate those wishes. This is a frequently asked question that my family law clients ask. The wishes and feelings of the child (in light of their age and understanding) is one of the factors considered by a court when making a decision about contact and living arrangements. Ontario’s Family Lawdoes not specify an age when a child can decide which parent to live with. Under the Family Law Act 1975 (“the Act”), the court is only able to make orders in relation to children who are under the age of 18 years. Our clients have easy access to our directors and solicitors and their thorough legal experience and local knowledge. In fact, Pennsylvania law defines a “child” as an unemancipated individual under 18 years of age. His life is in his words, 'unbearable' and he talks of suicide. For legal reasons, please don't post news-related topics classed as sub-judice and, when posting, bear in … ... the other parent is typically allowed to see the child and enquire about their care and well-being depending on the circumstances. A California judge will not look solely at a child's level of maturity to determine if his opinion as to custody should be considered. Of course, as your child grows older, it can be difficult to “force” him or her to adhere to the visitation schedule. Also, visitation generally ends at age 18 when the child becomes an adult. The parent with custody is the one that lives with the child while the non-custodial parent is often the person paying child support, and has visitation rights. In Tennessee, the child must be at least 12 years old. (Va. Code Ann. My eldest Son is 12 and he wants to live with me, his Father. 'After a few hours of staying at mine, my son says he wants to go home and doesn’t want to stay overnight.' In making a child custody determination, 12 is the minimum age at which the child may express a preference to the court regarding the parent with whom that child prefers to reside. They take direction well (our firm preps EVERY witness in advance of a hearing or trial) and respond favorably to different stimuli in his or her home life. All other consultations are a $250 fee. The child can choose with which parent to live after the age of 18, but by that time the child is no longer a minor anyway, but is an adult and can live wherever he or she wishes, whether that be with a parent or somewhere else. However, the weight a Court places on the child’s preference will depend on the child’s maturity and age. The capacity of each parent to provide for the needs of the child, including emotional and intellectual needs. Modifying the Custody Order. Family Code Section 3042 requires the Court to consider and give due weight to a child’s preference regarding custody if the child is of sufficient age and capacity to … In many instances of child custody and changes in custody, parents want to know what effect, if any, their child or children’s preferences will have with the court or the judge. Factors considered for when a child can choose which parent to live with: 1. age of the child: There is no set age in Australia and it is a factor to be considered. The answer is that there is no magic age. Many children and parents often wonder at what age a child can decide their own custody/ living arrangements.. A nine-year-old may tell the Judge that a parent loves the child because that parent does what is best for the child even if it may make the child … A child can decide who she wants to live with at 18. A child’s preference can be very important in helping a judge determine which parent should have primary custody. This is not the case. Children can express their wishes, but the court is under no obligation to follow their requests. Parent Qualifications. Child custody is one of the most complex matters in a Colorado divorce case.Determining which parent will receive joint, shared, or full custody of children will become a decision of the court, if the parents cannot agree to custody terms on their own. Children up to the age of 17 have had their wishes ignored. A child’s preference can be most effective when both parents are equally “fit,” all living conditions for the child are relatively equal, and the child is fourteen (14) years of age or over. 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. Although the parental custody of children takes into consideration the legal rights of the children, they cannot choose which parent they would like to live with before the age of 18. Another child might be 14 and choose dad but the court has seen proof that the dad works all day and goes to the bar every night, not getting home until midnight, leaving the child unsupervised. If you're dealing with an ongoing or upcoming court case, this is the place to get support. Just as a child can’t choose who they want to live with they can’t choose whether they have to abide by a visitation schedule with a parent they don’t want to see. There is no legal age for a minor to make such a decision. A child under five may appear clingy, cry, scream or pretend to be ill. When can my child decide when they should see the other parent? Contrary to popular belief, there is no golden age at which a child’s views will be determinative. The answer is that there is no magic age. A minor child does not have the choice as to which parent he or she will live with during the time the child is a minor. An order was made requiring the father to return the children to Australia on an interim basis. In fact, Arizona has no “magic age” at which the children can choose their own parenting time schedule. Generally if a child is over the age of 12 and is thought to understand the situation, their wishes can influence the outcome. As a general rule, children 12 years of age and older are seen as eligible to make a decision on which parent they want to live with, simply because they most often meet the criteria described above. The weight of the child’s voice in the Court’s decision depends on the child’s maturity level and age. §20-124.3.) He then refused to return the children to Australia. Legal age for child to self-decide which parent to live with In Maine, ... See what other people are asking and the advice they're getting. Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. 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