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In the state of Alabama, what is the legal age a child can decide what parent they want to live with in a divorce?

Arab, AL |

A friend of mine is getting a divorce, his son who is 13 wants to live with his dad (my friend). my friends wife came today and pretty much cleaned all material items from the house. my friend is the soul provider of the house and has been for many years. Does the 13 year old have the right to say who he wants to live with?

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Attorney answers 2


Alabama law does not designate any age wherein a child can choose where he or she lives. The court is always bound by the best interests of the child when it determines who is going to have custody. If your friend has not hired an attorney to represent him in his divorce, he needs to do so an soon as possible.

Daniel Seth Williams

Daniel Seth Williams


Do not know about Alabama, but I have seen 17 year old children in California request to live with one parent and the Court to rightfully know the child was making a wrong decision and order otherwise.


I was reading your question and can not speak for Alabama law, but do agree that relying on a child's decision is NOT the way your friend should bank. Hire an attorney.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

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