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Minors are not allowed to make that decision, if the parents cannot reach an agreement concerning custody the issue will be decided by a judge. Judges make such decisions based solely on what is in the best interest of the child and not what the child, the parents, nor any interested party prefers. Usually at the age of 12, a child will have more say in the eyes of a judge

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19y ago

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The age of consent for input in the legal system is age 12. However, just because a child wants to live with the other parent and is willing to say so in court, is not enough to change custody. There has to be a serious change in circumstances. IE the other parent is not providing for the child, they have become unemployed, they are abusive, they are abusing drugs/alcohol, they have been involved with CPS, the child is failing in school, the child keeps running away, the child is having violent outburts, etc. Even then though the judge is still not allowed by law to change the custody just because the kid doesn't want to live with that parent anymore. They are simply to take the childs wishes "under consideration". Most do change custody, however, if there is a change in circumstances and the child is expressing a will to change custody as well. If the reason is he/she just wants to live with you and you want them to live with you its unlikely to happen.

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12y ago
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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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14y ago
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The child may express a prefernce , but the decision is always finally determined by a Family Court Judge. If the situation is not in court, call your County couthouse and ask for a child advocacy person to advise you.

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14y ago
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My step daughter gets sick when she has to go back to her mothers and we want to know the legal age she can choose where she lives.

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16y ago
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The child can choose from the age of 12 and older.

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17y ago
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a child must be 12

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17y ago
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see related links

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15y ago
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15y ago
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Q: What age can a child choose witch parent to live with in Washington?
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