At what age can a child decide who he or she wants to live with in a custody situation? 33 Answers as of October 19, 2011

In custody cases, the child, unless emancipated earlier, is no longer a child at age 19, the age of majority in AL. Many, many people hold a misconception that there is a minimum age, such as 14, perhaps, where the child gets to determine where he or she will live. That is a commonly held erroneous belief. I actually was successful in attaining custody for my client over my his 14 year old daughter despite her wishes to remain in her mother's custody not too many years ago. The child is flourishing in her father's custody, and excelling in school. The judge and the guardian ad litem made the right call in that case, contrary to the 14 year old's desires. She is happy as a lark now, in a much more stable environment. Stay well.

At age 18 a person can decide where to live. A child is not given the authority to decide which parent he wants to live with. A preference may be expressed and depending on the child's maturity, reasons and other factors, the court may agree. The parents may change custody by agreement based on a child's preference and have an order entered making the change.

That depends on the state you are in. You failed to tell us what state it is.

Technically speaking this decision is not up to the child. However, the closer the child is to 18 years old, the more consideration the court will give to his wishes. I suggest contacting a local attorney who specializes in Family Law or Divorce to discuss the specifics of your case.

The child has an absolute right to decide where they live once they reach the age of majority. Until then ,if the parents do not agree, the court is in the role of determining what is in the child's best interests. The court may consider the child's wishes and, if the child is over 14 ,might allow the child to express their desires to the court if the court feels this would be in the child's best interest.

In California the courts will take the child's wishes into consideration, however they will not allow them to make a choice in a custody situation. The California courts generally find that the child's best interests are served where there is a relationship with both parents. If there are issues of abuse, drugs or alcohol then the courts will consider that in the ruling.

Never as the judge always decides.

At approximately age 12 the court will consider the child's opinion. A lot of factors will affect a decision and can override the child's opinion especially if the child has been coached or inappropriately influenced. I would consult an attorney about specific issues.

There is no magic age. If the child is mature and intelligent, then at between 6-15, the judge may hear from the child.

You should be 18 years old. However, the court will consider the minor's wishes prior to age 18.

When the child is 18, he/she is an adult and can choose where to live. Until then the child's wishes will be considered, but the decision authority remains with the parents and/or the court.

In Washington, the age should be18.

No set age but usually at age 12 and thereafter the child's preference is a factor.

Usually around 13.

There isn't one in the State of Florida. I child's reasonable preference can be considered if they are old enough and mature enough, but that is only one of multiple factors that are considered in determining what is in the child's best interest.

A child can't decide ever. A court, however, will usually listen to the child and give the child's opinion and/or desires increasing weight as they grow older. By the time they're teenagers their opinion carries substantial weight.

At age 14 the child has the right to select which parent they want to live with. This selection is a presumption and the judge still must find that the child's selection is in their best interest. But generally, unless something is wrong with the parent that the child selects to the point where it is contrary to the child's best interest, the child's selection will control.

18. Before then, the child's preference will be considered in deciding what is in the child's best interests. The older the child, the more likely the child's preference will be approved by the court.

In California, there is no specific age. Rather, in a disputed custody matter, the court will incorporate a child's wishes into the custody determination if the child is of "sufficient age and maturity." In other words, is the child mature enough to make a sound decision when it comes to his/her custody preference? Many facts may be considered by a judge to establish whether a child is of sufficient age and maturity to incorporate a child's expressed custody preference. Best to call a local family law lawyer to get a more detailed answer to your question.

A minor child (under 18) never gets to "decide" which parent to live with; however, a child's wishes are one factor among many that a court must consider in making a determination. Older children's wishes carry more weight, but the court still has to meet the standard of the "best interests of the child," not just "what the child wants."

Completely: 16 or older and depending on their situation, pre-16 up to the court.

When the child turns age 18. There is, in Washington, this myth that seems to go around periodically that the child can decide where he or she wants to live when the child reaches age 12 or 13 or 14 or whatever the current version of the myth says. These are all wrong. The reality is - until the child is 18, either the parents or the court gets to decide where the child will live. Now, if the child is of suitable mental and emotional maturity, the court can take the wants of the child into consideration. However, even in this situation, the final decision is NOT up to the child.