Your family law attorney will be able to work with you and your child if they are between these ages. In those that do, the magic number is often a teenage year; the older your child is, the more likely it â¦ ***The above is only for information purposes and does not constitute legal advice. Site by RED. If you think that your childâs preference could be a factor in your custody case, contact our office today for a consultation and we will be more than happy to discuss with you the facts and circumstances unique to your case. Click here to read the full statement. A child’s insight into its life with each parent, when intelligently and maturely expressed by the child, is far more important than the child’s age. These folks “hear” that if a child is 12 (or 13 or 14 or 15…), the child has the right to make the final decision as to with whom the child wishes to stay. 25/04/2017 Author: Clarissa Rayward “My son is almost 14 and daughter almost 12. In such a discussion, the Judge will assess the child’s maturity and ability to understand the situation. The legal standard for child custody determinations is the best interest of the child. Your family law attorney will be able to work with you and your child if they are between these ages. Very few children understand that a parent with no or few rules may not be the best parent in the long run (assuming that the rules imposed by the stricter parent are reasonable, of course). If the Child is Over the Age of 14. A child’s desire in which parent to reside is one of many factors the Court will consider. The court will consider the preference in making a custody determination but is not bound by the preference. Ultimately, it is going to be the opinion of the court and what is in the best interest of the child. Under certain circumstances, grand parents can file a petition for custody, but there no guarantee that custody would be awarded to them. This is not the case. Can a child in Rhode Island decide where they want to live? Age Limit. Q & A with Clarissa- At what age can my children choose where they want to live? There is no specific age when Alabama courts must consider a child's opinion. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live. Under current Ohio law, minor children cannot choose where they will live once their parents get divorced. The Law Became More Specific Concerning a Child’s Age in … At Streeterlaw, we are often asked âat what age can a child decide where they want to live?â Unfortunately, there is no simple answer to that question. Therefore, there is no specific age in Wisconsin where a child is able to decide which parent they want to live with. I have seen children as young as seven (7) make viable witnesses in custody and change of custody cases. Nowhere in this statue does it states that a child of a certain age gets to choose his or her custodian. Family Code Section 3042 requires the Court to consider and give due weight to a childâs preference regarding custody if the child is of sufficient age and capacity to â¦ Texas family code accounts for a childâs opinion no matter the age. Until then it is ultimately the decision of the parents to decide or if they cannot agree, a child arrangement order will specify where the child lives. Many children and parents often wonder at what age a child can decide their own custody / living arrangements. The judge merely interviews the child to determine the childâs wishes because Texas Law requires the child to be interviewed. The state recognizes that it might not always be the best decision to force a child to live with one parent when he may be closer to the other. However, if parents can’t agree, the court will decide. 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