In Oregon what age can a child make the choice to live with the non-custodial parent?

Asked over 4 years ago - Portland, OR

If child wants to live with the other parent what is necessary to do so.

Attorney answers (2)

  1. Susanne Marie Feigum

    Contributor Level 10

    Answered . How old is the child?

    The court will start to listen to a child's preference of living situation around age 12. Are there allegations of abuse or neglect by the custodial parent?

    If you are serious about modifying your custody and parenting order, you should consult with an experienced family law attorney and get a more comprehensive opinion.

  2. Mark Kramer

    Contributor Level 13

    Answered . A child cannot make such a decision. Both parents can agree and if so the agreement should be reflected in a modification of the existing judgment. If the parents don't agree, this can only happen through a custody modification. The child can get a voice through a custody evaluation, through an attorney appointed for the child or (as a last resort) by testifying to the court. In any case, please see an experienced family law attorney as soon as possible to get further guidance.

    Mark Kramer
    Kramer & Associates
    503.243.2733
    mark@kramer-associates.com
    www.kramer-associates.com
    www.portlanddivorceatty.com

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