I am a father who wanted to keep the drama low. i ended up not g=getting any custody of my children by unlimited visitation. Due to my ex-wife struggling again with alcoholism, I want to get custody of my kids, but I want it to be their choice.
Under Minnesota law, a child never gets to determine where they will reside. After custody has been determined, any change in custody would require a showing that the child is endangered physically, emotionally or developmentally in the current custodial situation and that the benefit of the change in custody outweighs any harm. The desires of younger children does not have such an impact.
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Legally, children do not have a choice. If that's your criteria, you could ask them, although obviously that may put them in a difficult situation. Ultimately, though, you would have to initiate such modification proceedings. If you do, you should strongly consider getting professional legal help.
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There is no particular or specific age in Minnesota where children may make their own choice as to which parent they live with. Generally speaking, the older and more mature the children, the more weight their opinion may perhaps be given by the court. However, one must be very careful to avoid discussing legal matters with or in front of kids.
It sounds as though you might benefit from consulting with an attorney to discuss the chances of a favorable result if you would file a motion to modify custody and parenting time. Since the process is failry conplicated and driven by very specific statutory language, I would not recommend that anyone proceed with this type of matter without an attorney.
Most attorneys (myself included) offer a free initial consultation to discuss your case and the legal process.
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