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

Asked about 2 years ago - 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?

Attorney answers (2)

  1. Amber Yerkey James

    Contributor Level 10


    Lawyers agree

    Answered . 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.

  2. Daniel Seth Williams


    Contributor Level 18


    Lawyers agree

    Answered . 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... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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