If my parents are getting a divorce and I’m 17 years old, can I choose which parent I live with?

Asked on July 27, 2015 under Family Law, New Hampshire


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

Answered 5 years ago | Contributor

In most states a minor child cannot choose with which parent they want to live. However, although the child can't outright make that choice, if they typically over the age of 12, their preference is given considerable weight by the court (the older the child, the more is given). In making its decision, a court will look at factors such as the child's relationship with each parent, the reason for wanting to relocate, the income and education of the parents, etc.

At this point, you can consult with a local attorney who specializes in custody cases for further advice. 

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