What Age Can A Child Make A Decision On Which Parent To Live With?

Can a 15 year old decide where they want to live?

How old does a child have to be to decide where and with which parent they want to live.

As the child gets older, his or her wishes carry more weight.

By 15 or 16 if the child is of general maturity and has logical reasons for changing the custody, the court will often abide by the child’s wishes..

Do courts always side with the mother?

There was a common belief that Courts favour mothers, but in recent years there have been many examples to show that the Courts place just as much priority on a father’s position as they do the mother’s. … There is no bias in law, and groups of both mothers and fathers will at some point have felt let down.

What happens if a child doesn’t want to visit the other parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.

Can a 13 year old refuse visitation?

The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. … However, obviously parents may have less control over a teenage child who is refusing visits.

Can a parent without a job get custody?

There is no requirement to have a job to get custody. In fact, not having a job is the position of most all stay at home moms, by definition. … This is because the court takes the position that both parents have an obligation to support their children.

Do family courts Favour mothers?

The law itself does not include any legal bias toward the mother over the father. By law, custody decisions are made purely based on what is best for the child. But any legal process is conducted by people, and people are biased – even sometimes those who professionally obliged not to be so.

At what age will a judge listen to a child?

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 12 year old decide parent they want live?

It is absolutely wrong to assume or tell a child that they get to decide where he or she will live once they turn 12 years old. Once your child turns 18 and is a legal adult, then a custody order does not apply and they can decide where to live. The closer your child gets to age 18, the more he or she has a say.

What if your child doesn’t want to live with you?

Talk with a Legal Representative In addition, your child may be able to tell the court that he/she doesn’t want to live with you, but that doesn’t mean the court will rule in his/her favor. Instead, your child’s wishes will simply be recorded, but no change will be done in a legal setting.

At what age does visitation end?

18Usually and in most states, the order will state that physical custody and parenting time rights terminate at “the age of majority” (which is 18, in most states). It the order is silent, the default rule usually is that the rights terminate at the age of majority, too.

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

There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision.

Can a 9 year old decide which parent to live with?

Although a child’s wishes are one factor among many the court must consider in determining the child’s best interests, a minor child never gets to “decide” which parent to live with.

What age can a child say who they want to live with?

The fact is until the child is 18, the only individuals who can determine custody are the child’s parents, and if the parents can’t decide, a judge will.

What do I do if my child doesn’t want to see a parent?

There are essentially two legal avenues to take in this situation. First, if there is a court order that establishes your visitation schedule, then you can ask the family court to hold the other parent in contempt of court.

How can a mother lose custody to the father?

Interfering with the Parenting time of Father Refusing to take something the children from their father. Making the father’s visitation difficult. Continuously arranging new trips or other activities that will keep the children away from their father. Convincing the children to keep away from their father.

Do judges side with mothers?

Judges have guidelines used to determine what is in the best interest of the children. The gender of the parent plays no part in their decision. Today’s “knowledge” that courts prefer mothers stems from past generations and media sensationalism.

Do mothers usually get primary custody?

Although it has not always been so, today’s courts will generally award custody to whichever parent would be in the best interests of the child. However, in the past, custody of young children (typically under five years old) normally went to the mother of the child if the parents divorced.

Can a child refuse to see a parent?

However, the child may simply refuse to have contact with the non-resident parent. … It is possible that the non-resident parent will take the case to court. If the child regularly refuses contact, there is the potential to apply to court for variation of the order or to have it discharged.

What makes a mother unfit in the eyes of the court?

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.