At what age can a child choose to live with a parent?
Question Details: "Parents of Four NEVER Married/Divorced" Two adults and 4 children, last born close to fifteen years ago. All have father's last name. The three oldest were given to father, with the youngest given to mom who has been known to have many issues. Fourteen year old would like to know if she can choose her dad to live with without any problems. Her mom has mental health disadvantages which makes the living environment mostly negative. If she can choose her dad, how would she be able to go about this. They have little to no income.
Divorce, Marriage, Alimony Law Answers
Technically, a child cannot choose which parent to live with. It is up to the court to make such a determination. It will do so based on the "best interest" of the child. Many factors are taken into consideration, most especially the mental health of the custodial parent. Additionally, where the child is older (as in your case here), the child's preference for which parent to live with is given more weight.
What you need to do now is to make application to the court for a modification of the child custody order. Since money seems to be an issue, contact Legal Aid for assistance; if they can't help you see if they can recommend someone who can. You can also see if there is a law school nearby to where you live; typically the run free/low cost legal clinics that handle cases such as yours. Finally, contact your local county bar association and see if they have a list of attorneys who volunteer to take cases "pro bono (that is for free).
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