Is the opinion of the child ever taken into consideration in a divorce? How? 10 Answers as of August 03, 2015

Is the opinion of the child ever taken into consideration in a divorce? If so, at what age to the court actually take that opinion into consideration? Thank you in advance.

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The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
A child's opinion about whether to live with mom or dad is considered once he or she turns 12 years old. Typically, courts want to encourage the parents to agree on the conservatorship of the children. Consulting the child involved is usually the court's last resort.
Answer Applies to: Texas
Replied: 8/3/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
If you mean the child's opinion about where he wants to live, it can only be taken into consideration if a guardian ad litem is appointed who then weighs the child's opinion based on his age, maturity, intelligence etc.
Answer Applies to: Washington
Replied: 7/3/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The California family law court has the power to weigh a child's desires when the chi is ilare 14 years of age or older. With that in mind, recognize that the child does not make a determination of where they are placed. That decision rests with the court if the parents cannot agree.
Answer Applies to: California
Replied: 7/3/2015
Diane l. Berger | Diane L. Berger
If you are talking about custody there is no magic age. A court will generally listen to a child though it will not necessarily do what they want.
Answer Applies to: Nebraska
Replied: 7/2/2015
Law Office of Darin Kanfer | Darin J. Kanfer
In Michigan, the child's preference can be taken into account at age 11.
Answer Applies to: Michigan
Replied: 7/2/2015
    Law Office of Robert E McCall | Robert McCall
    Very, very rarely. Judge may ask but never a party. Sometimes when he child is age 16 or more the Judge will want to hear from them but below age 16 child testimony is rare in a divorce case.
    Answer Applies to: Florida
    Replied: 7/2/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    It is disfavored, as it is putting the child into the extremely uncomfortable situation of testifying "against" one of their parents, these are moments that will be burned into their brain forever, even if they genuinely want to testify and haven't been made to feel they should be one parent. However, generally, at about age 14, the Judge will consider the child's opinions, although they may or may not give them much weight when making the final decision.
    Answer Applies to: California
    Replied: 7/2/2015
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    There is simply no opinion a child can express concerning a divorce. A divorce is the termination of a marriage once the grounds for divorce are proven and the equitable division of assets has been determined. However, child custody/visitation is a different matter. This will be based on what is determined to be in the best interest of the child, and the child's input may be necessary. As the child gets older, more and more reliance may be placed on the child's wishes. Mental health professionals may be utilized by the courts and/or the parties to determine how to move forward keeping the "best interest of the child" as a paramount factor.
    Answer Applies to: New Jersey
    Replied: 7/2/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    At 18 the child can decide where they want to live. Prior to that the child may express their desire but the court does not have to hear it. Sometime an attorney for the child will represent the child.
    Answer Applies to: Illinois
    Replied: 7/2/2015
    Peyton and Associates | Barbara Peyton
    There is no specific age and the courts look skeptically when a child states a preference for one parent over the other. Most children want at least some contact with both parents. The best way to handle this kind of issue is get both parties and the child to a child counseling mediator.
    Answer Applies to: California
    Replied: 7/2/2015
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