Can a child choose which parent to live with after divorce?

Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. Instead, the majority of states allows a judge to consider a child’s reasonable preferences for living arrangements when making custody decisions.

At what age can a child of divorced parents choose?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.

Can you choose who to live with if your parents are divorced?

It is a common misconception that a child that reaches a certain age can decide which parent to live with after a divorce or separation. … 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.

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What to do when your child says they want to live with the other parent?

How to Respond When Your Child Wants Their Other Parent

  1. Don’t Take It At Face Value. Your child may be very frustrated in this moment, expressing them self in such a way that may cause you some heartbreak. …
  2. Have Empathy for Your Child’s Emotions. …
  3. Keep Your Composure. …
  4. Stand Your Ground Peacefully.

Should children have the right to decide with whom to stay after divorce?

The court will consider the wishes of the child. … In the end, the preference of the child is only one factor. Children do not have the right to choose where to live after divorce. As a child matures, the court may give more weight to the preference of the child.

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

Adults are responsible for determining what is in the best interests of children. Therefore, a 10 year-old’s wishes will never be determinative. However, the Court may take the child’s wishes into account.

Can a child refuse to see a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

Can an 11 year old choose which parent 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 …

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Can a child be forced to live with a parent?

Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. Instead, the majority of states allows a judge to consider a child’s reasonable preferences for living arrangements when making custody decisions.

Can my mom take my phone if my dad pays for it?

Yes. Your mom can take the phone away or ask for a password.

What is the most psychologically damaging thing you can say to a child?

Other users pointed out phrases that are more obviously damaging to a child . Ellen Perkins wrote: “Without doubt, the number one most psychologically damaging thing you can say to a child is ‘I don’t love you’ or ‘you were a mistake’.

How a mom can lose custody?

Serious neglect is proper grounds for a mother to lose custody. There is no “perfect parent” standard in the California Family Code. … A mother’s serious neglect that endangers the health, safety, education, or general welfare of the child should cause the mother to lose custody of her child.

Can a dad just take his child?

Unfortunately in some circumstances, a father may take your child during agreed contact time and then refuse to bring them home again. … If they do not, then the child is the mother’s sole responsibility and the police may be able to take the child back to the mother.

Why child should not be forced to choose sides in a divorce situation?

Husbands and wives divorce each other. … Therefore children should never be forced to choose sides in a divorce. Children cannot choose sides and if a parent expects their child to choose their side, it creates confusion for the child about their emotional safety in the family.

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Can a 14 year old choose where they want to live?

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. … That time is not attached to any specific age, but is rather the product of maturity and a level of independence.

How old before a child can decide what parent to live with in NH?

The law doesn’t specify an age at which the court must take into consideration a child’s preference. That’s because age doesn’t determine maturity level. So it’s conceivable that a judge might take into account the wishes of a young, mature child, but not those of an older, less responsible one.

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