I have a 14 yr old son whose father has had primary residency since he was five, due to me moving to another part of the state. my son has been living with me since Sept. of 2008 without the courts permission. His father has petitiioned the court to get him back but my son does not want to live there and says he is going to run away again if the courts make him. At what age can he decide which parent to live with?
I since have moved back to the same town in which his dad lives so he didnt have to change schools.
Lawsuit / Dispute Attorney
The law regarding a child's 'right' to choose which parent to live with is murky, and varies considerably by state and jurisdiction. Although not a standard by any means, many states in the last couple decades have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen. The judge is normally given almost unlimited latitude in whether or not he or she listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age". The judge will decide based on a best interest of the child standard.
Contact a local lawyer to talk specifics.
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question
2 found this helpful