Tips and tricks

Can a child choose to live with one parent?

Can a child choose to live with one parent?

A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child’s best interests. If the child is under 14, the court decides custody per the child’s best interests, considering factors like the child’s wishes.

When a child lives with just one parent that parent is called the the parent with custody?

Sole physical custody means that one parent is the custodial parent and that the child will live with that parent most of the time.

At what age can a child decide where they live?

Children can’t choose where to live until they are 18 years old. Each case is different, and the judge will decide how much weight to give to the child’s preference using broad discretion. Courts will generally give more value to older children’s opinions than those of younger children.

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When can a child decide to not visit a parent?

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.

Who has legal custody of a child if there is no marriage?

IF THE PARENTS ARE NOT MARRIED AND WERE NEVER MARRIED, and there is no court order for custody of the child, then the mother of the child has legal custody of that child until a court says otherwise.

What happens if there is no court order for custody?

IF THE PARENTS OF THE CHILD ARE MARRIED, and there is no court order for custody of the child, then each parent has equal rights to custody of the child. Basically, whoever has the child can keep the child.

Should parents interpret a ruling of joint legal custody?

Parents should not interpret a ruling of joint legal custody as an indication that the court is likely to also grant joint physical custody. It is quite common for parents to share legal custody even while the child resides primarily with one parent and has regular visitation with the other.

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What happens when one parent gets sole custody of a child?

When one parent is granted this by the court, that doesn’t take away the other parent’s right to be a part of their child’s life. Courts do not grant sole custody unless there is a legitimate reason.