Whats the age that a child can choose to live with a parent?

[Jaime1298]

My son turns 12 at the end of March and his father has told me that he plans on taking me to court to tell a judge that our son wants to live with him , ( he no longer wants to pay childsupport). However our son does not want to live with his father, my son is established with me , school ,social life, friends and chruch. He doesnt want to hurt his fathers feelings so he doesnt tell him no. My biggest fear is that he will bully our son into living with him , even though he has not been active in any school functions , sports and so fourth for years. He is a every other weekend dad , most of the time and he doesnt even know what school our son attendes . Im in some real need of advice , I want to protect the integraty of our family unit and Im worried that it could be up to a judge after years of doing everything on my own. Thank You

[Attorney Howard Iken]

A child NEVER makes the final decision. There is a list of factors that go into the mix. And now that an initial final order has been in place - the degree of difficulty in changing that final order is HUGE.

Back to your question .... a child's preference begins to acquire relevance at age 12. But again, there are numerous other hurdles. And the majority of judges will not speak directly to a child.

Plus the fact that the child's father is involving him in discussions regarding legal action is a big no-no.

I think the only thing you have to worry about is spending money on attorneys. The actual risk of a big custody shift is most likely minimal.

Attorney Howard Iken