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When Does My Child Get to Choose?

Updated: Apr 14, 2023

When is my child old enough to tell the Judge which parent he/she wants to live with?

This is a question that is frequently asked. Putting aside the question whether it is appropriate to place a child in such a position, there is simply no clear age designation before a court can consider what the child may want. A child’s preference is one factor the court my consider in determining the child’s best interests.

Typically, the older the child is the more persuasive his or her stated preference may be.

However, rather than an age requirement, it comes down to maturity level. And as to how much weight the court places on the child’s preference depends on each individual case.

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