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manumercer
Jan 8, 2009, 03:16 AM
Hi I have a 6 year old daughter at the moment she lives with her mother. I have a contact order at present were I keep her 3 weekends out of 4 at what age can my daughter decide who she wants to live with.
Regards, Gary

JudyKayTee
Jan 8, 2009, 05:01 AM
Hi i have a 6 year old daughter at the moment she lives with her mother. I have a contact order at present were i keep her 3 weekends out of 4 at what age can my daughter decide who she wants to live with.
Reguards, Gary



What State? In "most" States the Court will hear her at age 12 but will not necessarily place custody according to her wishes.

Custody will be placed in the best interest of the child and Courts are concerned about minor children easily being swayed by the fewest rules, the most "toys."

This is also a legal question and I have asked that it be moved to that board.

Starbucks21
Jan 8, 2009, 09:31 AM
What's the state?

Often the child can decide on their own free will as early as 12 and sometimes at 16

The court may award custody to a parent which is often the mother

The court only wants the best for the child and at age 6 they're worried they may be swayed by ice cream

JudyKayTee
Jan 8, 2009, 09:33 AM
What's the state?

Often the child can decide on their own free will as early as 12 and sometimes at 16

The court may award custody to a parent which is often the mother

The court only wants the best for the child and at age 6 they're worried they may be swayed by ice cream



Trust me - this is not info the OP wants to hear or is willing to accept. Again - trust me on this one.

Starbucks21
Jan 8, 2009, 09:46 AM
Trust me - this is not info the OP wants to hear or is willing to accept. Again - trust me on this one.

Sadly I know =(

The only way the father can get custody at this point would be a long drawn out custody battle and to prove the mother is unfit

manumercer
Jan 8, 2009, 11:51 AM
What's the state?

Often the child can decide on their own free will as early as 12 and sometimes at 16

The court may award custody to a parent which is often the mother

The court only wants the best for the child and at age 6 they're worried they may be swayed by ice cream

If only my ex is doing everything in her powerto torture my daughter she isn't mentaly capable of looking after her I'm there to pick up the pieces I'm the one who raised her for 5 years cause she couldn't even feed her my daughter cries every wkend she has to go back and begs me to let her stay you can never buy a child's love with imaterial things a parents love and protection is what they need some mothers believe it or not are unfit to raise kids but are still taken by the hand
Gary.

topladyj
Jan 8, 2009, 11:55 AM
It should be at age 12 I thought in every state.
WikiAnswers - Can a 12-year-old decide which parent they want to live with (http://wiki.answers.com/Q/Can_a_12-year-old_decide_which_parent_they_want_to_live_with)

manumercer
Jan 8, 2009, 11:57 AM
What's the state?

Often the child can decide on their own free will as early as 12 and sometimes at 16

The court may award custody to a parent which is often the mother

The court only wants the best for the child and at age 6 they're worried they may be swayed by ice cream

Sorry I forgot to say I'm from northern ireland
Gary.

Starbucks21
Jan 8, 2009, 12:13 PM
Northern Ireland does make a huge difference lol

Are you talking about a "vote of feet"?

JudyKayTee
Jan 8, 2009, 12:15 PM
It should be at age 12 I thought in every state.
WikiAnswers - Can a 12-year-old decide which parent they want to live with (http://wiki.answers.com/Q/Can_a_12-year-old_decide_which_parent_they_want_to_live_with)



You are quoting another free advice/opinon board, not a legal source.

The amusing thing about this is that I actually posted on that board about 2 years ago, fairly frequently, and people have posted here, quoting ME! It's an advice board, not a legal source.

Starbucks21
Jan 8, 2009, 12:52 PM
I believe a child can chose aka "vote of feet" when the judge can declare the child has understanding of the situation... from what I read it's around the age of 16. There isn't a exact age.

Sadly six is too young for any judge.

manumercer
Jan 8, 2009, 01:30 PM
Northern Ireland does make a huge difference lol

Are you talking about a "vote of feet"?

In what way does it make a difference

Starbucks21
Jan 8, 2009, 01:31 PM
The laws are slightly different from the ones in the united states.

manumercer
Jan 8, 2009, 01:50 PM
I do know the ss can speak to her and speak for her in court the sad thing is her mother doesn't even want herbut is using her to get to me

Starbucks21
Jan 8, 2009, 01:52 PM
Those situations always stink

Maybe eventually the anger will subside and the mother and you can go back to court and have custody awarded to you but sadly for now I don't think there is anything you can do

manumercer
Jan 8, 2009, 02:02 PM
I know its just so worrying that she's not safe with herher health is starting to suffer ss says they will keep an eye on her but I see a change in her each time you can even see the fear in her wee eyes when I take her back.

Starbucks21
Jan 8, 2009, 02:11 PM
i know its just so worrying that shes not safe with herher health is starting to suffer ss says they will keep an eye on her but i see a change in her each time you can even see the fear in her wee eyes when i take her back.

Well she does have a lot to fear. I'm pretty sure this is fairly new to her. I'm pretty sure right now you just have to trust ss will do it's job

manumercer
Jan 8, 2009, 02:19 PM
Ss can be very laid back here and always try and keep mother and child together I've seen that myself with friends my barrister says just to sit back and my ex will hang herself if we give her enough rope

Starbucks21
Jan 8, 2009, 02:22 PM
ss can be very laid back here and always try and keep mother and child together ive seen that myself with friends my barrister says just to sit back and my ex will hang herself if we give her enough rope

While I hope you don't mean literally but that pretty much is true with anything. I think if she really didn't want to have custody of the child you may find yourself with custody in a few years.

manumercer
Jan 8, 2009, 02:29 PM
That's just an old saying over here she just wants to use her as a weapon against me now I'm in a new relationship with someone she knows and has a daughter the same age who my daughter loves to bits she is what a mother should be always puts the kids first no matter what

ScottGem
Jan 8, 2009, 04:46 PM
It should be at age 12 I thought in every state.
WikiAnswers - Can a 12-year-old decide which parent they want to live with (http://wiki.answers.com/Q/Can_a_12-year-old_decide_which_parent_they_want_to_live_with)

As a matter of fact, in no US state can a CHILD decide which parent to live with. Only a judge can make that decision. A chld (under 18) can voice their preference but its left to a judge to make the actual decision. Some states do codify how much weight a judge must place on the chld's preference, but the judge must still make their decision based on the best interest of the child.

I haven't been able to find a definitive answer for Ireland, but what I have found seems to indicate that the laws in Ireland are similar. It is clear that juges are supposed to decide custody according to the best interest of the child. What's not clear is whethere there are any laws that say a minor can pick.

manumercer
Jan 9, 2009, 01:11 AM
Tnks for your advice time will tell.
Gary

JudyKayTee
Jan 9, 2009, 06:41 AM
Tnks for your advice time will tell.
gary


When this plays out would you please come back and post the answer? It is somewhat unusual not to be able to find the answer on the Internet and I can find (as Scott said) absolutely nothing definitive.

Now I'm curious -