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    spongebobwifey93's Avatar
    spongebobwifey93 Posts: 3, Reputation: 0
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    #1

    Sep 9, 2007, 04:19 PM
    Children deciding they're where-abouts.
    Okoes anyone know if there is any kind of way that children can decide what parent they want to live with?I think that it should be the child's decision if the child is over 12. Does this make sense?is this a stupid question?somebody answer me... PLEASE!!
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Sep 9, 2007, 04:25 PM
    It is the final decision of the judge. The judge weighs all of the options as to the environment at the mother's home as well as the father's, and what the child desires.

    A 12 year old can tell the judge what he or she wishes, but what he or she wishes may not always be in the best interests of the child.

    Let me give you this scenario and see if you change your tune. LOL

    A 16 year old girl wants to live with Dad. Dad lets her drink, have boyfriends over, smoke pot, etc. Heck, it's more fun to live with Dad than it is Mom who sets rules, has boundaries, requires school, homework and chores. Mom has a curfew, where Dad does not.

    Now, should the 16 year old be able to decide where she wants to live? Or should it be the Judge who decides in the best interests of that child?
    LearningAsIGo's Avatar
    LearningAsIGo Posts: 2,653, Reputation: 350
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    #3

    Sep 10, 2007, 07:36 AM
    I agree with J_9. (sorry, J, I have to spread the rep)

    Not all 12 year olds are capable of chosing what parent is really their best to live with. Personally, my parents put me in that situation when I was that age and at the time I hated them for it. That's a terrible burden to put on a young person, many times they will feel guilty for choosing one parent over another.

    A judge may listen to the child, but ultimately that judge will decide based on the facts of who appears to be the better, more capable parent.

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