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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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18y ago
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11y ago

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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14y ago

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

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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15y ago

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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17y ago

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

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17y ago

a child must be 12

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14y ago

see related links

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14y ago

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Q: What age can a child choose witch parent to live with in Washington?
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How old do you have to be to live with the other parent?

If the parents are divorced then it is between the parents if the child can go live with the other parent. At age 14 the child can choose witch parent he/she wont's to live with. If that other parent is not willing to let the child go live with that parent then it can be taken to court or just wait till the child is 18 and can go live on it's own.


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