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No, minors are not allowed to decide with whom they wish to live, including which parent. When parents cannot agree on custodial issues the judge makes the decision for them. That decision is based upon what the judge believes is in the best interest of the child or children involved and not upon the preference of others.

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17y ago
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12y ago

Technically speaking, the child has no legal 'right to choose'. Minors are, by definition, "legal incompetents", which means they are not recognized by the court as being able make legally binding decisions, including decisions regarding their custody.

A minor does not get to make the decision. With that being said, I generally find that if a minor closer to the age of 18 wants to live with a particular parent (and that parent is a good parent), the more the judge will take the child's wishes into consideration. Judges will also factor in why the child chooses to be with one parent over the other and make sure it is not simply because one parent is lenient and lets the child do what they want. No matter what age however, the child's wishes will be only one of many factors the court will look at to determine what is best for them.

Generally speaking, there are a few criteria that judges typically consider to one degree or another when adjudicating a case where the child or children have strong preferences:

  • What is the reason or reasons the child wants to change residences? Is the reason a valid one? Is it a significant factor or issue in the child's life? Some issues have more importance than others, such as schooling or a need for specialized medical care.
  • What is the level of stability and reliability of the parent the child wants to live with? If that parent is unstable or unreliable the judge will not likely approve the change. The parent the child wants to live with must be as capable and as able to care for the child as the one the child currently lives with.
  • What is the level of the child's social maturity and emotional and intellectual development? Judges will be more receptive to a child who appears able to understand and deal with the changes involved in a modification of the custodial status quo.
  • How does each parent support the child's decision? Is the move being made against the wishes of either of the parents? Has the child been pressured, bribed, or manipulated into the move? If a judge senses that there has been any "Behind the Scenes" interference, it would be extremely unlikely for the move to be allowed.
  • With the move truly serve the child's best interests in the long-term? If a clear and significant benefit from the change in residence cannot be demonstrated, a judge will be unlikely to give approval. The benefit(s) must be obvious and long-term.
  • Can the child clearly articulate his or her reasons for desiring to move? The more logically and lucidly a child can explain why they want to change residences, the more likely it is that judge will pay attention to their preference. If the child appears uncertain, confused, or insincere, the judge will ignore or greatly discount what the child says.
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16y ago

The child will take turns from parent to parent. If one lives in Wisconsin then you can have great chese! If one lives in South Carolina you see beautiful sights!

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12y ago

A minor is not allowed to choose where to live.

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14y ago

age 18

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10y ago

Generally 18.

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Q: What age in Wisconsin can a child to choose to live full time with mom or dad?
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Related questions

How old must a child be to choose where to live in ms?

By law, a child does not choose. When you are 18, you are no longer a child, and can choose where you live.


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They have to be 18,


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A child in Ohio can choose who they live with depending on the maturity of the child. A judge usually decides what's best for the child and rules on that.


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Not without some kind of court ruling, depends on who the legal parent is by law.


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What age can your child choose to live with you?

Eighteen.


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There is no such process. A child of 12 is not allowed to choose.


Is the child have the right to choose to be in mother or father?

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What is the age that a child can choose where he wants to live?

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Under UK law, a child has no legal right to choose which parent they may live with.


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