If my 14 year old son wants to live with me permanently but his mother will not have it, does he have the right to make his own decision?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my 14 year old son wants to live with me permanently but his mother will not have it, does he have the right to make his own decision?
Asked on June 27, 2015 under Family Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
In most states a minor child cannot choose which parent they want to live with.�That having beens said, while a child cannot outright choose where they want to live, if they over�the age of 12,�their preference is given consideration by the court. And the older the child, the more weight it is given.
However, it should also be noted that�a court will look to many factors - the child's relationship with each parent, reason for wanting the change, income and education of the parents, etc.�
At this point, you should consult directly with an attorney who specializes in custody cases; they can best advise as to specific state law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.