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how old does a child have to be to decide which parent to live with?
we live in Indiana. We moved here 6 years ago. My daughters dad (whom I was never married to) lives in Kentucky. We orginally lived in Kentucky.
I have been married since 7/2005. My husband has been at his job for 9 years, and recently took a promotion that relocated him to Minnesota. He moved December 2011. We plan to relocate (with permission, of course) to join my husband ... in May 2012 at the end of the school year. My daughter is 13. Can she decide (legally) at her age if she wants to go with me?
Please don't send answers that aren't solid. Its not 4, and its not any age.
What is the LEGAL AGE THAT A COURT WILL RECOGNIZE a child stating which parent to live with?
P.S
We have joint custody with me being her primary residence.
7 Answers
- thomasLv 79 years agoFavorite Answer
Technically it's not her choice. If her biological father applies for custody then she is old enough for the courts to consider her opinion but she can't decide herself. For her to make the decision she'd have to be 18.
- WhateversLv 79 years ago
A judge would be making that decision, if it was disputed between the parents. A judge could give weight to the children's feelings at any age, but thirteen is certainly going to get more consideration than somebody younger.
But you would want to check the custody agreement. Since you already live in a different state, I doubt there's significantly more concern, at most you might be asked to pay more of the transportation costs.
- Anonymous9 years ago
My mom has a friend going through that. We're in CT and she's moving to AZ and has a 14 year old daughter. The father is fighting for her and though she wants to go with her mom, she can't decide till she's 16 years old according to the court.
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- 9 years ago
I believe in most states the age when they can start deciding is 14.
It also depends on if you have sole custody or not with her father.