What age do we live in?

At what age will a judge honor a child's wishes on where they want to live,custody?

  • I have a 13 yr old son who wants to live with me, I also have a 11 yr old daughter who isnt sure what she wants. I am remarried and have a 1yr old daughter who the other two just adore. My ex is a good mother and there is no question of abuse or neglect or anything like that. What age would the court let them choose where they want to live. I dont want to start court proceedings until I am pretty sure I can win cause it will be hell with my ex if she finds out. I live in Indiana if that helps

  • Answer:

    The age is 14. The same age a child is deemed to legally know the difference between wthat is right and what is wrong.

Railr0ad... at Yahoo! Answers Visit the source

Was this solution helpful to you?

Other answers

There is no uniform age qualification, it varies state to state as some states have made a statutory statement regarding this matter ( check your state statute) it would be further complicated if the children resided in another state. In states for which there has been no statutory provision then it may vary by judicial district or judge to judge, in some cases the non-custodial parent would find it necesssary to make the motion for the primary custody, and then the child would be required to make their wishes known before the court (simple). In others a judge may appoint a guardian ad litem to represent the child's interest at that point and present their findings for the judge to consider in making a decision (moderately difficult). Or the judge could require a full blown custody case complete with home studies, pysch. etc, etc, (most difficult). In any case you would require an attorney (doesn't sound like you are knowledgeable enough to represent yourself) and the attorney most likely could answer your question on the phone before you go any further.

jet

It depends on the State you live in. Most states however set the age at 12 but that is subjective since some 6 yr olds are better equiped than some 12 yr olds and there are 12yr olds who are not mentally stable enough to make that decision. Typically though 12 is the age. In Liberty, Eric H. Smith www.erichsmith.com

Eric Smith

I believe the age of a child will have to be 18+ but I could be wrong I know but having two cousins with divorced parents and a friend with divorced parents i think its 18

sportsgirl_444

It's different for every state obiviously, but it is also different for every judge. I did some looking and it seems that in the past it has definately sided with the mother. Not until the child reaches "age of consent" do they really consider anything they have to say. You also might have to take in account for psych docs too. They will have pull on the judge if it goes that direction. The judge will more than likely ask the children in closed chambers where they will want to go. Your kids will probably have their own lawyers too (from what I have seen in past cases). So, not to confuse things, but if your kids say they want to live with you because you buy them things or you don't ground them or something, obviously the judge is not going to consider that as a pull in either direction. Good luck though!!

keishlacat

I think the age is 16? But there is a website that has state laws on it lexisnexis.com this will help you to search for case law and maybe some better answers good luck!

frogs112

My Freind had the same thing happen to him a few years ago his son wanted to live with him. He went to court and they told him his son wasnt old enough to make his own decsions yet. So he had to wait till his son turned 16 and now he lives with his dad. But that was in Delaware,pa. If I find out what the law it is in Indiana i will send you it.

oaklandhomi3

Just Added Q & A:

Find solution

For every problem there is a solution! Proved by Solucija.

  • Got an issue and looking for advice?

  • Ask Solucija to search every corner of the Web for help.

  • Get workable solutions and helpful tips in a moment.

Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.