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-   -   How old do you have to be to choose if you want to live with your mom or dad? (https://www.askmehelpdesk.com/showthread.php?t=624652)

  • Jan 3, 2012, 08:45 PM
    LoopyARM
    How old do you have to be to choose if you want to live with your mom or dad?
    I am 11 years old my mom and dad are split and I want to know how old you have to be to choose if you want to live with your mom or dad
  • Jan 3, 2012, 10:01 PM
    Synnen
    18.

    Until you are an adult, the court decides where it is in your best interests to reside.
  • Jan 3, 2012, 10:26 PM
    Fr_Chuck
    Agreed, it is 18, before that, if one parent wants to file in court you may be allowed to testify what you want, but that is not the only thing they look at. So if you are with MOM and DAD wants to file in court to try and get custody of you, he can do that.

    But you can not just decide
  • Jan 15, 2012, 12:58 PM
    Ashcakes8687
    In the great state of Georgia you only have to be 17 and in other states I know you have to go through emancipation proceedings, certain things have to be happening to be awarded.
  • Jan 15, 2012, 02:30 PM
    ScottGem
    Quote:

    Originally Posted by Ashcakes8687 View Post
    In the great state of Georgia you only have to be 17

    Can you provide a cite for that? As far as I know, in no US state can a child (under 18) make that decision.
  • Jun 9, 2012, 11:46 AM
    3rgt3g13rg
    You have to be 13 years old my parents also split and I lived with my dad, I didn't want to and my mom kept taking him though court and the court said when I turn 13 I get to choose, and when I turned 13 I choose to live with my mom
  • Jun 9, 2012, 11:53 AM
    JudyKayTee
    Quote:

    Originally Posted by 3rgt3g13rg View Post
    You have to be 13 years old my parents also split and i lived with my dad, i dint want to and my mom kept taking him tho court and the court said when i turn 13 i get to choose, and when i turned 13 i choose to live with my mom


    Where is this? I have NEVER heard of this before UNLESS both parents were in agreement. Then the child doesn't decide - the parents agree and the Court agrees and that's what happens.
  • Jun 9, 2012, 11:54 AM
    AK lawyer
    Quote:

    Originally Posted by 3rgt3g13rg View Post
    You have to be 13 years old my parents also split and i lived with my dad, i dint want to and my mom kept taking him tho court and the court said when i turn 13 i get to choose, and when i turned 13 i choose to live with my mom

    I would guess that under the law of wherever you are, you didn't have the right to make the decision, the judge simply chose to defer to your preference. There is a difference.
  • Jun 9, 2012, 11:59 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    Can you provide a cite for that? As far as I know, in no US state can a child (under 18) make that decision.

    I would agree. Apparently the age of majority is at least 18 in all 50 states.

    "Alabama 19 years,[37] Mississippi 21 years,[38] Nebraska 19 years or upon marriage[39], Pennsylvania 21 years[40])" Age of majority - Wikipedia, the free encyclopedia
  • Jun 9, 2012, 05:04 PM
    ScottGem
    Quote:

    Originally Posted by 3rgt3g13rg View Post
    You have to be 13 years old my parents also split and i lived with my dad, i dint want to and my mom kept taking him tho court and the court said when i turn 13 i get to choose, and when i turned 13 i choose to live with my mom

    ANY question on law needs to include your general locale as laws vary by area. You clearly don't understand how the law works. I have no doubt the judge said something to you like this; When you reach 13 and you still want to move in with mom the court will agree. That is not the same as a 13 yr old getting to choose. And the judge may have told YOU that. Doesn't mean the next 13 yr old gets the same deal.

    So please be careful when answering questions in the law forums. If you don't understand what the law actually is, you can wind up giving bad advice like you did here.

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