Childs choice

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Childs choice

Postby worried father » Tue Mar 22, 2005 2:14 pm

At what age are children allowed to choose were they want to live?
worried father
10+ Posts
 
Posts: 12
Joined: Mon Feb 28, 2005 2:39 pm

Postby DadInKS » Tue Mar 22, 2005 2:19 pm

I think it depends on the state. In KS, my attorney told me, until my daughter is 13 or 14, she won't have much say in the matter.
DadInKS
100+ Posts
 
Posts: 319
Joined: Mon Jan 31, 2005 10:39 am

Postby FurryCatHerder » Tue Mar 22, 2005 2:57 pm

(Deleted due to being electronically stalked on this board.)
Last edited by FurryCatHerder on Sun Jan 01, 2006 6:36 pm, edited 1 time in total.
FurryCatHerder
500+ Posts
 
Posts: 810
Joined: Sun Jan 16, 2005 2:34 pm
Location: Herder of Cats

Postby Lawmoe » Tue Mar 22, 2005 3:42 pm

< parenting time > time and custody issues are determined based on a best interests of the child standard. Bests interests are determined by a Court by applying various factors spelled out in your state's statutes. Those factors are not exclusive and the Court must consider the totality of all circumstances.

One of those factors is the wishes of the minor child, assuming the child is old enough to express his/her desires. The child's wishes are generally not dispositive on the issue and are weighed as only one factor out of many. As the child matures, their opinions will carry greater weight.

For example, in the State of Tennessee, the statutes allow the Court to consider the reasonable preference of any child age twelve (12) or older. The court, at its discretion, may also hear the preference of a younger child upon request by a party. However, the preferences of older children are given greater weight than those of younger children. Most states have similar laws, some more vague than others. Minnesota allows the Court to consider the preference of a child if the Court deems the child to be of suitable age and maturity.

There are a few rare states that do give greater weight to a child’s desires, although such state statutes are an exception to the rule. In the State of Georgia, state statutes provide – “In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.”
Lawmoe
Moderator
 
Posts: 5405
Joined: Sat Jan 15, 2005 9:26 am
Location: Minnesota

Postby jimmy lynn » Tue May 03, 2005 4:49 pm

i recently divorced in ks and moved to south dakota. my atty. told me that after a child reaches 12 the court can, if they want to, take a childs opinion into consideration. but they don't have to act upon it. my x has my 2 daughters, 12 and 9. her second home is a local bar, her friends and associates are known drug users. my atty and i had a huge stack of documentation that turned out to be nothing more than a waste of paper. all depends on the judge and what mood he's in.she still got it all and i got the bills.same old, same old.
jimmy lynn
10+ Posts
 
Posts: 27
Joined: Tue Mar 29, 2005 5:19 pm
Location: divorced kansan in southdakota

Postby pegasus » Tue May 03, 2005 11:57 pm

I have been told that my D's won't be talking to the judge, but they WILL be talking to the custody evaluator. I know that when my parents got divorced, I was nine and I did get to talk to the judge. If my nine year old got to talk to the judge, she would probably be living with me forever LOL
pegasus
50+ Posts
 
Posts: 56
Joined: Thu Jan 20, 2005 12:53 am
Location: The Oregon Shore

Postby FurryCatHerder » Fri May 06, 2005 10:51 am

(Deleted due to being electronically stalked on this board.)
Last edited by FurryCatHerder on Sun Jan 01, 2006 6:36 pm, edited 1 time in total.
FurryCatHerder
500+ Posts
 
Posts: 810
Joined: Sun Jan 16, 2005 2:34 pm
Location: Herder of Cats

State of IL

Postby worried father » Mon May 09, 2005 7:27 am

Does anyone know the "Law" in IL in regard to this matter?
worried father
10+ Posts
 
Posts: 12
Joined: Mon Feb 28, 2005 2:39 pm


Return to Parenting - Child Custody Forum and Child Support Forum

Who is online

Users browsing this forum: Finz, NVAuquest and 10 guests