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. The key is that the child has to have a logical reason for changing the present support and placement.
Can a 15 year old decide custody?
If a child is old enough, the child can decide which parent to live with. If parents cannot agree on who has custody, a judge will determine the custodial parent.
Can I choose to live with my dad at 15?
They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with. Depending on the jurisdiction in which you live, the age of your child may matter only in terms of the weight a judge might give to a child’s preference, should he or she have one.
Can a teenager decide which parent to live?
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 a 15 year old refuses to see a parent?
When a child refuses to visit a parent, the custodial parent and the attorney are put in a tenuous position. … The custodial parent then is threatened with incarceration or a change in primary custody unless they physically force the defiant child to follow the custody schedule.
At what age will a judge listen to a child?
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 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.
Who is better mom or dad?
Mom or dad? According to United States Court records, moms are the best. The 2007 statistics show that in 3 out of every 4 custody battles, custody awards were handed over to mothers.
Can I live with my dad at 13?
Unless your mom agrees that you can live with your dad, your dad will have to file a Motion with the court asking the court to give him custody. The judge will probably ask you to speak to a specialist with the Family Mediation Center so you can let the court know why you want to live with your dad.
Can I move out at 15 with parental consent?
Emancipation is a legal process that gives a teenager the right to legally move out of his parents’ home. In these instances the child is said to be emancipated from his parents. … Court order – The court may grant an order of emancipation if it determines that emancipation is in the child’s best interests.
How do I prove I am a better parent in court?
3 Ways to Prove That You Are an Excellent Parent in Court
- Maintain a File of Your Child’s Important Documents. As a parent, you must always be cognizant when keeping records for your children. …
- Illustrate Your Devotion to Your Children with a Story. …
- Present Evidence Against Your Former Spouse.
At what age can a child decide they don’t want to see a parent?
The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.
Can a 16 year old say where they want to live?
Parents often want to know at what age a child can decide whom to live with. The answer is simply: according to the law, eighteen. However, dissolution of marriage statutes provide that the child’s wish as to where s/he will live is a factor to be considered by a court in making a custody decision.
Does my 15 year old have to visit her dad?
Although there may be times that your child would rather not visit the other parent, if this visitation is ordered by the court, it is not optional. You must comply with your shared parenting plan. If you are the custodial parent, you are responsible for seeing that your child visits the other parent.
How long can a parent be absent?
Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights. Not just parents can terminate: in fact, anyone with an interest in the well-being of a child can attempt to terminate one or both parents’ rights.