tedbear’s woman asked:


I was just wondering how old a child had to be before they are allowed to choose who they want to live with? Or is it just pretty much the judge’s decision no matter what?

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9 Responses to “Who has been involved in a child custody battle?”

1. Avid on November 27th, 2009 10:58 am

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   At 14 the child can tell the court who he/she would prefer to live with and the judge will take it into consideration… *but*, it is still up to the judge to decide.

2. tysgrandma99 on November 29th, 2009 1:09 am

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   15 years of age,,the judge will appoint a guardian to talk to the child.and see witch parent is better suited,never stop fighting for what you believe in.

3. Heinz M on December 1st, 2009 4:13 pm

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   Depends on the state you live in. In California it is 12 y.o.

4. exel on December 4th, 2009 7:31 pm

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   Depending on the circumstances, in cali, the age is 16 if there is no history of abuse or neglect. the problem is that when people divorce, it’s usually not nice and there is always a report of abuse, neglect or infidelity. The child gets appointed an attorney to protect their interest, paid for by the parents, and that attorney writes a report to the courts telling them where the child should be. they can even suggest foster homes!!

5. Arthur W on December 6th, 2009 4:16 pm

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   It depends on the childs ability to understand and reason. Ive seen children as young as 4 do this and decide. The judge usually pulls the children into his chambers without parents but attys are present and asks them a few questions and if the judge feels the child can reasonably understand and answer, and if all parties agree then the child decides his own custodial parent,especially if its in the best interest of the child. Nothing in a court of law is guaranteed.

6. MONA H on December 9th, 2009 4:49 am

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   here in oklahoma where i live they can be 12. that happened to my daughter when her son was12, he got tomake up his mind and say unless the courts think they are in danger then they do so for them.

7. just_me_1955 on December 10th, 2009 1:24 pm

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   at 14

8. Jamie Spade on December 13th, 2009 12:49 pm

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   it the state of florida it is 13.

9. girliegirl on December 15th, 2009 4:54 am

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   It depends on the state you live in. In my state it is up to the courts to decide what is in the best interest. It doesn’t’ matter if the kid will be 18 a day after the hearing, legally. However, they will take the childs feelings into consideration. More than likely they would be with the parent of their choice unless the one they choose is unstable in some capacity (drugs, finances, extreme emotional problems would be examples)