If my son’s mother and I have joint custody and he wants to live with me permanently, is there a certain age at which he can choose who he wants to live with?

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If my son’s mother and I have joint custody and he wants to live with me permanently, is there a certain age at which he can choose who he wants to live with?

Asked on June 17, 2015 under Family Law, Kentucky

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a guiding rule, the court's will start letting children express preferences around age 12.  Some judges prefer them to be a bit older.  However, keep in mind, that even if a judge decides to listen to a child's preference, at the end of the day, it will be the judge's decision, not the child's.  If the judge feels the child is expressing a poor preference or basing a decision on bad information, then the judge can still reject the child's request.


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