At what age does a child have to be to chose whether they want to live with their mom or their dad?

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At what age does a child have to be to chose whether they want to live with their mom or their dad?

Do they have a choice at a certain age?

Asked on September 11, 2010 under Family Law, Michigan

Answers:

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

Answered 11 years ago | Contributor

Typically, a minor child (ie under the age of 18) cannot choose which parent they want to live with.  The court will look as certain factors in making it determination - 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 choose where they want to live, if they over the age of 12, their preference is given consideration and is one of the factors that the court considers (the older the child, the more weight it is given).


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