Can a child choose not to live with either parent?

Although children may be able to clearly state their desire to live with the noncustodial parent, courts generally will give this little weight unless the child appears to be mature enough to make the decision. In some states, all custody determinations require a court to conduct a best interests analysis.

When can a child decide to live with the other parent?

How to Respond When Your Child Wants Their Other Parent

1. Don’t Take It At Face Value. Your child may be very frustrated in this moment, expressing them self in such a way that may cause you some heartbreak.
2. Have Empathy for Your Child’s Emotions.
3. Keep Your Composure.
4. Stand Your Ground Peacefully.

Can a child choose who to live with?

According to California Family Code Section 3042, if your child is “of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.” So.

What happens if a child wants to live with the other parent?

What Happens if a Child Wants to Live with the Other Parent? The laws governing a child and his or her right to choose which parent with whom to reside are far from settled. In fact, laws vary widely from state to state.

Can a child live with a non-custodial parent?

Please note that these rules change according to state. This also depends on whether there is a custody order. If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. If there is a custody order in place, that order would need to be modified.

Can a teenager choose to live with one parent after a divorce?

Therefore, judges usually investigate a teenager’s request to live with one parent instead of viewing the request solely in relation to the child’s age or maturity level. In general, though, courts do not ask a minor child who he or she prefers to live with after a divorce.

Can I limit the other spouse’s contact with my child?

First of all, the court has a mandate to protect the best interests of the child. This includes assuring a relationship with both parents inasmuch as it is possible. Courts look unfavorably on parents who seek to limit the other spouse’s contact with a child. They are naturally skeptical when arguments are put forth todo that.