When Will the Court Consider a Child's Preference? When a child has reached the age of 14 in Vermont, the child can choose his or her guardian, subject to the court's approval. Children who are younger than 14 don't have the right to select the parent who they would like to have custody.
Can a 12 year old choose which parent to live with?
A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child's best interests. The judge considers the desires of a child at least 11 but not yet 14.
Can a 14 year old choose where they want to live?
Code § 3042 (a).) If a child is at least 14, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental. ... Children can't choose where to live until they are 18 years old .
When can a child legally say who they want to live with?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
Can a 13 year old choose which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
Can a child refuse to see a parent?
Children over the age of 16 have the legal authority to refuse visitation with a noncustodial parent unless stated otherwise by a court order.
Can a 10 year old decide which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion , there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
How does a judge determine best interest of a child?
“Best interests” determinations are generally made by considering a number of factors related to the child's circumstances and the parent or caregiver's circumstances and capacity to parent , with the child's ultimate safety and well-being the paramount concern.
What age can a child decide to not see parent?
When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
Can I choose to live with my dad at 13?
If your parents cannot agree on who you live with, or on how much time you will spend with each of them, then it is ultimately up to a judge to decide . But since you are 13, the judge will likely give considerable weight to your wishes when making his or her decision.
What happens if a child doesn't want to live with either parent?
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests. ... Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
Can a child divorce one parent?
A minor generally cannot become emancipated from just one parent unless there is only one parent , such as when one of the minor's parents has died, or has terminated their parental rights. Emancipation of a minor terminates all parental custodial rights, which in turn makes that minor an adult for legal purposes.
What do I do if my child refuses to visit the father?
Specifically, you could ask your child's other parent to call the child on the phone or come over to your house and try to speak with the child who is refusing visits. This helps the other parent understand the situation and places some obligation on their part to facilitate visits.
What do I do if my child doesn't want to see a parent?
Specifically, you could ask your child's other parent to call the child on the phone or come over to your house and try to speak with the child who is refusing visits. This helps the other parent understand the situation and places some obligation on their part to facilitate visits.
How long does a father have to be absent to lose his rights?
If the parent has not exercised his or her parental rights in at least six months , that is also grounds to have parental rights terminated in California. California law provides several reasons that termination of parental rights may be appropriate. These include: Abandonment of the child.
Who has custody if there is no agreement?
In most cases, parents can make their own agreements for custody and visitation, without a court order. If you make an agreement between the 2 of you, the agreement becomes binding and enforceable. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order.
