Law Advice

Can a 15 year-old decide who they want to live with?

Question Details:

I have a 15-year-old daughter. Her father and I never married. She has always lived with me. I only get $200 in support, which is not enough. I want to contact domestic relations and have them review our case. It hasn't been looked at in 15 years and I know he is making a lot more money. He said if I did that he would file for joint custody and I would get nothing. He sees my daughter several times a week and he thinks he sees her enough hours to call it joint custody. She does not want to live with him 4 days on and days 3 off, etc. At age 15 can she tell a judge who she wants to live with?

Asked 11/12/2009 under Divorce, Marriage, Alimony | 434 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.
Legal Answers Categories

Divorce, Marriage, Alimony Law Answers

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

Typically,a minor child cannot choose which parent they want to live with.  The court will look to many factors - home environment, income and education of the parents, the child's relationship with each parent, reason for wanting the change, etc. 

However, while a child cannot outright choose where they want to live, if they over the age of 12, a child's preference is given consideration and is one of the factors that the court considers (the older the child, the more weight it is given).

As for the tax considerations, you would have to have a modification in the court order that gives your ex the deductions.  Be aware, if the court thinks that this is the primary reason for requesting the change in custody, it probably won't grant the modification.

Related Divorce, Marriage, Alimony Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here? Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com