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

UPDATED: Jul 27, 2015

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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 7 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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