At what age can a child decide which parent they want to live with?

Son is 16, currently in Ks and wanting to live with
Mother who in Wy.

Asked on July 16, 2017 under Family Law, Wyoming

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, a minor child cannot choose which parent they want to live. A judge will look to many factors - income/education of the parents, the child's relationship with each parent, reason for wanting the change, the home enviornment, etc. That having been said, while a child cannot outright choose who they want to live with, if they are over the age of 12, a child's preference is given consideration and is one of the factors that the court considers. Further, the older the child, the more weight their preference 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


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