At what age does a child have a right to choose which parent they want to live with

Attorney answers (2)

1. Licensed in NY

   

   Gerry Wendrovsky

   New York Landlord / Tenant Lawyer

   Contributor Level 15

   Answered January 18, 2010 18:40. Generally, where there is a custody dispute concerning a child 14 years of age or older, the court will appoint a 'law guardian', who will speak with the child, obtain his or her opinion and express that opinion to the court at a designated time. That preference will be a factor considered by the court in determining custody.

   • Gerry Wendrovsky, Esq.

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2. 

   Alan Brinkmeier

   Chicago Lawsuit / Dispute Attorney

   Contributor Level 20

   2

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   Answered January 25, 2010 04:59. There is no magic age when children get to decide custody. The best interest of the child is the standard.
   
   The law regarding a child's 'right'* to choose is a matter for each State and jurisdiction. The judge in most States, not the child, makes the decision based on the best interest of the child. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen, sometimes fourteen. There are even cases when children of age 9 are allowed to testify.
   
   The judge is normally given almost unlimited latitude in whether or not she or he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age" but the younger the child the less likely for a judge to give the stated preference much weight.
   
   Good luck to you.
   
   NOTE: This answer is made available by the out-of-state 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.

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