At what age can a child speak to a judge about wish parent she would like to live with

Asked about 5 years ago - Howell, NJ

i have joint custody with my daughter last year the mother told me that she should live with me because she can deal with her
we when to court and i got tempory that she could live with me and go to school by me
the year is almost up and she did great in shcool she is 10 years old know she wants to countinue living with me and the mother when to court so she could get her back . could she stay with me she told the mother that she wanted to live with me

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . Family courts do not listen to children who are ten years old.They also do not like to move children back and forth. You need to secure a medical opinion letter from a mental health professional about how well the child is doing in your home. You need to avoid "programming" her to how much she would like to stay with you. Judges don't like that. The court focuses on the best interest of the child. It sounds like mother wants to get her hands on child support, not the child. Strongly advise you to use an experienced family lawyer in this dispute especially since NJ courts lean towars the mother. Good luck.
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    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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