What age can a child decide which parent they want to live with?

[CMP]

I have joint custody of my 14 however I am the primary custodian and he visits his father every other weekend and 5 weeks in the summer. This summer he has stayed a couple of extra weeks due to that fact that I had been in the hospital with a hysterectomy and some complications that occurred from it. Now, I received a call from my son and he told me he does not want to come home and wants to live with his Father. Does he have the right to just decide that or because I'm the primary custodian can't I demand he come home and then isn't it up to the courts to have it changed. I mean there is child support involved and visitation, insurance, etc.......... please explain what my rights are I don't want to lose my son I just think he spent too much time with no rules and it is summer so now he has to come home and start school but I don't want him to be unhappy either.

Sincerely,
Confused

[Attorney Howard Iken]

Your son cannot decide to change residences. You can enforce your rights through the original court that entered final judgment.

Any change must be through a court order.

At age 14 a child's input starts to become relevant. But you must petition the court to allow child-testimony. Most judges will not allow child-testimony.




Attorney Howard Iken
Divorce Attorneys in Florida


child support Custody Alimony Divorce Steps Asset Division Divorce Mediator Bankruptcy

[An72]

As I have read that say's the court decides which parent receives primary custody. The child may have a role in the decision-making process. Many states consider a child's right to choose which parent to live with when the child reaches the age of 12 or 13. The laws vary from state to state. Technically, the child has no legal right to choose. By definition, minors are legal incompetents and cannot make legally binding decisions. A judge takes several factors into consideration when a child prefers one custodial parent over another. If the child appears uncertain, confused or insincere, the judge may disregard the child's wishes.

[Attorney Howard Iken]

All of the above is true. But the practical side: it is difficult to get the child's preference in front of the judge. Most judges will not see the child directly.

[Adam Bowden]

if a child is 15 and does not want to be with the father and the child is ignored by the father but in the divorce battle the father wants the child how would you prove the child has reasoning mentality to get a judge to go into chambers and talk with the child i dont want the child to choose betwen parents but she wants the judge to hear what she wants to say and her opinions

[Attorney Howard Iken]

This really depends on the judge. If that particular judge is ok with speaking with children, you must file a Motion for Child Testimony. Otherwise, the opinion would be brought out by a Guardian Ad Litem, or a Custody Evaluator.