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How old does a child have to be before he can say what parent he prefers to live with

Meeker, OK |

my son wants to live back home with my other son & myself. the father has sole custody & wont let me him see hardly . my son has said he wants to be back home with us. how old does a child have to be before i can ask the judge to let him come back home?

Attorney Answers 2


  1. There is no definite age that a child has to be in order for the judge to consider the child's preference to live with one parent or the other. A judge cannot simply say the child is too young to express a preference. There must be a factual record showing why a child is incapable of expressing a preference. Generally, 8 years old is old enough for a child to express a preference, but there is also case law that says a 6 year old may be old enough. Preference cannot be considered alone in changing custody.


  2. There is no definite age that a child has to be in order for the judge to consider the child's preference to live with one parent or the other. A judge cannot simply say the child is too young to express a preference. There must be a factual record showing why a child is incapable of expressing a preference. Generally, 8 years old is old enough for a child to express a preference, but there is also case law that says a 6 year old may be old enough. Preference cannot be considered alone in changing custody.

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