[apenson]

At what can a child choose a parent in the state of Oregon? If the parent she wants to live with lives in Idaho, does it go by there law?

[jenniepepsi]

A child can not choose. At all.

A child can let the judge know what she wants. A child can request. A judge will listen, and may take the child's wishes into consideration, but she cannot choose.

[ScottGem]

First, please pay more attention to posting guidelines. The Children form (where this was originally posted) has a Read First sticky that directs legal questions to this forum.

A child can't even request a change. Only the non-custodial parent can request a change in custody. Such a request needs to be filed in the jurisdiction where the original order was issued, unless both parents have moved and then the court where the child resides has jurisdiction.

A judge will listen to the child and some states have guidelines as to how much weight to put on the child's preference, but the ultimate decision is in the hands of a judge.

[s_cianci]

a child can not choose. at all.

a child can let the judge know what she wants. a child can request. a judge will listen, and may take the child's wishes into consideration, but she cannot choose.

All of this is correct. Whatever parent has primary custody per court order is the "chosen" parent. If the child wants to live with his/her other parent, thereby making the other parent the custodial parent, then that parent has to file a motion to modify the existing custody order, in the same court that issued the original order. Then that parent has to present evidence to the judge that such a modification is in the child's best interests (and be prepared for the other parent to contest that motion and the accompanying evidence.) Now the child's testimony as to his/her wishes can be part of that evidence but, in and of itself, will not be the do-all, end-all.

[cdad]

All of this is correct. Whatever parent has primary custody per court order is the "chosen" parent. If the child wants to live with his/her other parent, thereby making the other parent the custodial parent, then that parent has to file a motion to modify the existing custody order, in the same court that issued the original order. Then that parent has to present evidence to the judge that such a modification is in the child's best interests (and be prepared for the other parent to contest that motion and the accompanying evidence.) Now the child's testimony as to his/her wishes can be part of that evidence but, in and of itself, will not be the do-all, end-all.

It may not be the original court if both parents have left the state that the original order was issued in.

Need to be careful with that.

[JudyKayTee]

All of this is correct. Whatever parent has primary custody per court order is the "chosen" parent. If the child wants to live with his/her other parent, thereby making the other parent the custodial parent, then that parent has to file a motion to modify the existing custody order, in the same court that issued the original order. Then that parent has to present evidence to the judge that such a modification is in the child's best interests (and be prepared for the other parent to contest that motion and the accompanying evidence.) Now the child's testimony as to his/her wishes can be part of that evidence but, in and of itself, will not be the do-all, end-all.

This is very bad legal advice and also incorrect information in this case.

Please research more carefully and post your references.