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How does the choice at 12 years old work in child custody?

Missouri |

My ex-husband & I have one child together. We divorced 7 years ago & I have primary custody. For the last 6 years I have lived with another women. My ex-husband wants to go back to court in January, to get custody. He insist that because I am gay & our child will be 12 that the court will give him custody. Our child doesn't want to choose, he wishes to not turn 12.

Attorney Answers 1


It appears that this matter is in the Missouri court system, so you should seek specific advice from a lawyer licensed to practice law in Missouri. Generally, courts do not allow a 12 year old to decide which parent should have custody. Most state courts will look at evidence presented which shows what is in the best interests of the child. No single issue should be determinative.

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