In most states, courts may consider a child’s opinion, but only if the judge believes that the child is mature enough to express a reasonable preference. In addition to a child’s opinion, the court must also consider a variety of other factors before deciding where the child will live after a divorce or separation.
Can a 9 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 …
Can a 10 year old decide which parent to live with?
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
When can a child make a decision to live with a parent?
A child’s desire in which parent to reside is one of many factors the Court will consider. 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.
How old does a child have to be to choose who they want to live with in Alabama?
Does a Child Have the Right to Elect the Parent they want to live With? Pursuant to O.C.G.A. § 19-9-3, (5)-(6), in all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live.
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.
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 child divorce one parent?
A minor generally cannot become emancipated from just one parent unless there is only one parent, such as when one of the minor’s parents has died, or has terminated their parental rights. Emancipation of a minor terminates all parental custodial rights, which in turn makes that minor an adult for legal purposes.
Can a dad take his child from the mother?
If you have sole physical custody, also known as, the primary custodial parent, you can take your child away from the mother. However, if you do not have primary custody, it can be virtually impossible to take the child away from the mother.
What if your child doesn’t want to live with you?
If your child is adamant about not wanting to live with you or not wanting to hold any visitation with you, the best thing for you to do is to talk with your child about his/her feelings. Maybe this is just their way of acting out, or maybe they do have some valid concerns that you weren’t completely aware of.
What do judges look at when deciding custody?
Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .
Do you have to force a child to go with the other parent?
Let’s face it: No one can (or should) force children to visit with their parent if they don’t want to. However, there can be legal ramifications in cooperating with a child’s visitation refusal. … Assure your children that both parents love them and that you want them to spend time with their other parent.
Do I have the right to know who my child is around?
Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there. … Both parents should realize that visitation schedules may change as children age and their needs change.
Can a child ask to live with the other parent?
If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. If there is a custody order in place, that order would need to be modified. In some states, custody may be modified at any time.
Is Alabama A Mother State?
Many people believe that a father cannot get custody in Alabama. In the past, the law in Alabama favored the mother over the father, regardless of the facts and circumstances of the child custody case. This is no longer true. In Alabama, child custody is now decided based upon the best interests of the children.