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Will the GAL usually side with the child's custody wishes if they are age 12? What do they ask kid's when alone with them?

Asked over 2 years ago - Eau Claire, WI

My daughter lives with me 100% time over past two yrs. Before that there were times she lived more often with hime and his wife, but in general 50/50 was happening. The divorce agreement was 50/50 but she no longer wishes to live with him and has very good reasons for this. I filed to change past divorce agreement to joint custody-but me w/100% placement. I also want visitations to be only at her request, not court ordered because of the intense "issues", etc. I want her to be secure in knowing she can't be "taken" by him. Judge granted him 2 hrs. awk visitation as she had refused to see him and he sporadically has been involved. I wonder about how the GAL will determine-Will he grant her wishes-why wouldn't he?

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I filed, and requested child support, which is reason he refusing change in divorce. He has given us a total of 100.00 in 2 yrs-she rec'd no xmas or bday cards. Also, this is the same GAL from our divorce in 2000. He granted the 50/50. I was going for 100% a

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Attorney answers (2)

Ronald K. Phillips

Reputation Level 12

Answered over 2 years ago. Family Law Attorney in Cedarburg, WI.

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It's difficult to predict what the GAL will recommend because there are many facts that the GAL considers that aren't presented here. All other factors being equal, however, the GAL and the court may consider the wishes of the child, and will give those wishes more or less weight in the final decision based on the age and the maturity of the child. The younger the child, the less weight this has - it is just common sense that younger children have less ability to make their own life decisions and those decisions should be ordinarily made by parents or guardians.

There is a presumption in Wisconsin that maintaining a standing placement order is in the best interests of the child, and your child's wishes will - based on the weight that the GAL and the court places on those wishes - sway that scale one way or the other (again, taking several factors into account - it's a very fact-intensive inquiry).

If the father is trying to regain placement, you may want to consult a family law attorney so that you can assemble the necessary facts that are relevant to the statutory inquiry that the GAL and the court wll make.

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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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-WI 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 WI 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.

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