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Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, 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 not 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. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.

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13y ago
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14y ago

There may be some states - including Idaho - which have a specific law concerning what age a child can be to decide that.

However, in general, the judge examines the child and sees if the child is competent enough to make the decision. I've not heard of a child being competent under the age of 9. Nor have I heard it delayed after the age of 14.

Idaho has also "custody evaluators", who are usually social workers, who will examine the child and the family and then advise the judge.

Consult with an attorney in your area, to get advice on your specific situation.

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Q: What age can a child choose which parent they want to live with in the state of Idaho?
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