Expert Advice When You Need It Most

How old a child has to be to choose which parent he wants to live with in the state of Michigan thank you

parents have join custody father has physical custody, but child wants to live with the mother father says "You are hurting my feelings" every time child says he wants to move to mom's house, mother is paying back child support still and the father wont forgive the amount or any, he did say child can move out at 16 but he wants to do high school with his mom (he was held a yr because he did all he could to be bad to be shipped to his mom didn't happen) and he will be 15 when the high school starts, the mother don't make a lot of money so the pay back is very slow, abuse for the child has been only emotional and step mother has punched child in anger but nothing visible, he is only allow to visit mother every other week, can anyone help? please thank you

Save

Attorney answers (1)

Reputation Level 20
There is no magic age when children get to decide where to live. 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 non-IN 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 IN professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now