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?

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.

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.

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