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    michellelee's Avatar
    michellelee Posts: 1, Reputation: 1
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    #1

    Apr 16, 2009, 07:15 AM
    What age does a child have to be to chose which parent he wants to live with?
    I have an 11 year old son and his father is saying at 12 he can choose who he wants to live with.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 16, 2009, 07:18 AM

    The father is wrong. A child (under 18) cannot not make that decision in ANY US State (and most other places). Only a judge can modify a custody order.

    Some states do provide guidelines of how much weight they place on the child's preference, but a judge is not likely to place a lot of weight on a 12 year old's opinions.

    In any case, the father will have to petition the court for a change of custody. The court will then hold a hearing, part of which would be talking to the child and then hand down a decision.
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