The law reads that the child's age and emotional maturity will be taken into consideration, but the final decision depends entirely on the judge's decision.
However, when the child turns the age of 14 he or she (if the judge in the case feels the child is mature enough) may ask to speak to the judge in his /her own behalf and make his/her wishes known to the judge and why the child wants to choose to live with that parent.
If the judge agrees with the child's assessment, the judge could rule that way. If the judge does not agree then the child must abide by the judges's decision.
At the age of 12 usually.
The above answer is wrong. There is no "set age" in Maine. 12 is usually as starting point of when they can be heard, and the judge MAY take their feelings into consideration but the law is implicite that the judge is NOT bound by the feelings or desires of the child. What do kids know about what's best for them?
If all things are equal... two parents are equally fit...responsible.. loving... no history of abuse, drugs, etc... so basically... EITHER parent would be in the best interest of the child, then the child's opinion will matter greatly.
Turn that around tho. Say a 15 year old wants to move out of dad's house to go live with Mom who is a convicted drug trafficker and repeat "contempt" offender. Do you think that child's opinion will cause a judge to remove a child from a safe household and place him/her into the household of a drug trafficker??
Only Indiana and Texas have laws setting out a specific age at which a child can make a choice, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under no legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made.
Once custody has been awarded by a court it would take another court order to change that arrangement. The court may listen to a child's request to change custody but it is under no obligation to modify the custody order at the child's request. The court would be looking for an appropriate reason to order a change in custody such as the custodial parent being unfit and the change being in the best interest of the child.
Only Indiana and Texas have laws setting out a specific age at which a child can make a request. However the court is not required to abide by it. The court will review the child's request and examine the issue in order to make a determination that's in the best interest of the
i had to be 13 when i could decide which parent i wanted to live with
As long as you are a minor you can not decide legally where to live.
When they are 18.
see links below
18, assuming the one they want to live with is willing to have them.
As long as you are a minor you are not allowed to decide who you will live with.
In West Virginia, a child can decide which parent they want to live with when they are 18.
No, a child can not decide this until they are 18.
They have to be 18.
When they are 18.
He has to be 18.
When they are 18.
No. The court will decide.
You have to be 18.
When they are 18.
16
As long as you are a minor you can not decide legally where to live.
A child cannot decide which parent to live with in the state of South Dakota because they are considered a minor. Only a person over 18 years of age can choose the parent they will stay with.