can children decide what house they want to live in once theyre 13 ohio

i in four states don't require gauge to consider child's custody preference

November 17, 2020 — Many separating parents mistakenly think their child can choose whom to live with.

In reality, Georgia is the only U.Due south. land that lets a child choose who takes physical custody of them. Fifty-fifty then, the kid must be xiv or older, and their option must be canonical by a judge.

13 states don't have statutes requiring a estimate to consider a child'south preference when deciding custody. All other states (plus Washington, D.C.) exercise; judges there must accept the views of mature children into account.

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These findings come from an assay of current state statutes past Custody 10 Change, which offers parents a web app for managing custody via parenting plans, calendars, expense tracking and more. (Scroll to end for full state-by-state data.)

"If yous become to court over custody, y'all demand to understand your state's arroyo to many topics, including a child's right to share their opinion," said Ben Coltrin, Custody X Change co-founder and president. "There'south argue over what's more of import: letting a child take a say or shielding them from parental disputes. How your state and judge view the effect will touch your example."

"There's contend over what's more than important: letting a child have a say or shielding them from parental disputes."
-Ben Coltrin, Custody 10 Change president

It's of import to note that most custody decisions are made by parents in settlement agreements; these parents can consider their child's opinion withal they want. When parents can't achieve understanding, so a judge decides what custody arrangement would serve the child's best interests.

One time the court issues a custody order, the child must comply. This means your son or daughter cannot reject to see a parent who has been awarded custody or visitation fourth dimension.

How old must a child be to weigh in?

All states permit judges to consider the preference of a child in a custody case, as long as the child is sufficiently mature. And, equally we saw above, a large portion of states require judges to take a mature child's stance into account.

And then when is a child mature? Most states don't set a specific age, instead letting judges decide case by case.

When statutes practice cite an age, 14 is almost common. Three states (California, New Mexico and Due west Virginia) presume children 14 and older are sufficiently mature, while two (Indiana and Utah) give actress weight to the opinions of kids in this range.

Another iv states (Mississippi, Oklahoma, Tennessee and Texas) assume children 12 and up are mature plenty to class a preference worth examining.

Georgia law sets the youngest age. It says children 11 and upwards can share their thoughts with the courtroom. (And, remember, Georgia kids at least fourteen years old can choose which parent to live with, although a judge can override the choice if necessary.)

All these states give judges elbowroom to hear from younger children who seem peculiarly mature.

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Overall, the older a child is, the more touch on their wishes have on their custody case.

If your child is at to the lowest degree 14, a estimate in whatever state is likely to hear what they have to say. On the other paw, a child in the single digits probably won't get to weigh in. Children between these ii groups fall in a gray area, and whether they tin provide input depends on their state, judge and maturity level.

Nationwide, children 14 and to a higher place can commonly counterbalance in on custody rulings. Children 9 and under normally can't. The rest autumn in a gray area.

How a kid'due south stance fits into the big moving-picture show

A gauge never has to honour custody according to a child's wishes. Other factors — such every bit each parent'due south criminal history and bond with the child — e'er come into play.

In addition, a judge tries to assess whether a kid'due south preference for one parent is due to persuasion or leniency by that parent, which would give the preference less validity from the court's perspective.

For example, a xv-yr-one-time may not get to live with her mom every bit she wishes if show shows the mother lets her drive without a license. In dissimilarity, a 12-year-quondam with concrete reasons for preferring a suitable parent could have considerable influence on a judge's ruling.

How kids share their opinions

Children typically practice non show well-nigh their preferences in courtroom because the experience can exist emotional and frightening.

Instead, they ordinarily share their thoughts in chat with the judge, a custody evaluator or someone appointed by the court to stand for their interests (similar a guardian ad litem). In Georgia, a child who's at least xi can plow in a written affirmation.

Interviews with the guess take place in the judge's role and are thus known as in-chambers or in-camera hearings. Generally, a court reporter and the kid's legal representative attend. Sometimes the parents' attorneys are too immune in simply not the parents themselves.

Some judges ask the child directly whom they'd similar to live with, while others only ask related questions similar, "What exercise you exercise for fun with your mom?" In certain states, both parents must consent before the child may speak with a gauge. Other factors that vary include whether parents tin advise questions for the interview and whether they can read the transcript.

State-by-state data

State	Approximate must consider a mature kid'south opinion?	Age guidelines in the law
Alabama	Yep
Alaska	Yes
Arizona	Yes
Arkansas	No
California	Yes	A child 14 or older gets to accost the courtroom, unless the court determines information technology'south not in the child's all-time interest. A child nether 14 also gets to address the court if it's in their best interest.
Colorado	Yes
Connecticut	No
Delaware	Yeah
Florida	No
Georgia	Yep	A child 14 or older has the right to select which parent they alive with, unless a judge finds the selected parent does not serve the child'south best interests. The judge considers the desires of a kid at to the lowest degree eleven just not yet 14.
Hawaii	Yes
Idaho	No
Illinois	Yes
Indiana	Yes	The court considers the wishes of the kid, with more consideration given if the kid is at least 14.
Iowa	Yes
Kansas	Yes
Kentucky	Yep
Louisiana	Yes
Maine	Yes
Maryland	Yes
Massachusetts	Yep
Michigan	Yep
Minnesota	Yeah
Mississippi	Yep	If the court considers both parents fit to have custody, the chancellor (guess) may consider the preference of a child 12 or older.
Missouri	Yeah
Montana	No
Nebraska	Yes
Nevada	Yes
New Hampshire	No
New Jersey	Yes
New Mexico	Yes	If the kid is 14 or older, the courtroom considers their desires. If the child is under 14, the courtroom decides custody per the kid'southward best interests, considering factors like the child'southward wishes.
New York	No
Due north Carolina	No
North Dakota	Yes
Ohio	No
Oklahoma	Yes	The child gets to express a preference if the courtroom finds this is in the kid's best interest. The courtroom considers the preference if the child is old enough to form an intelligent opinion. There's a presumption a child 12 or higher up is old enough.
Oregon	Yes
Pennsylvania	Aye
Rhode Island	Aye
South Carolina	Yes
South Dakota	No
Tennessee	Yes	The court considers the reasonable preference of a child 12 or older. The court may hear the preference of a younger child. An older kid'due south preference is normally given greater weight.
Texas	Yes	A child 12 or older gets to speak with the court in private. A child under 12 may get to.
Utah	No	The court may consider the wishes of the child, considering the child's maturity. The desires of a child fourteen or older become added weight.
Vermont	No
Virginia	Yeah
Washington	Yes
Washington, D.C.	Yes
West Virginia	Yes	The court accommodates the preferences of a child 14 or older, if it'south in the child'south best interests. It also accommodates the preferences of a younger child mature enough to express an opinion, as long as this is in the child's best interests.
Wisconsin	Yeah
Wyoming	No

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Source: https://www.custodyxchange.com/topics/research/custody-preferences-children.php

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