Home > Research Legal Advice > Child Custody > Can my 16 yr old son decide on his own if he wants to live with me?
Asked 12 months ago - North Little Rock, AR
FlagI'm divorced for 15 yrs now and my son wants to live with me. I'm his Dad and we have joint custody. My visitations are every Wednesday and every other weekend. I pay child support and I wonder if my son lives with me do I still have to pay this? Is the mother responsible for payment? PLEASE HELP!
Your son does not get to decide who he will live with. There is a common misconception that once a child reaches a certain age (I usually hear 12 or 14) they get to decide which parent they are going to live with -- however that is not true.
If there is an ongoing custody case, the Court can listen to the desires of the child but it is up to the judge to decide how much, if any, weight to give the child's wishes.
Although not determinative, the Court will certainly take into account the 15 year old's wishes and in particular, why he wants to live with you. The standard or test for the Court will be what is in the son's best interest, not what your son wants. In other words, it won't matter what your son wants if the Court finds it is not in the son's best interest to live with you full time. Feel free to contact me at 501-765-7444 if you want to discuss further.
Thanks. Paul
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