If my 14 year old son wants to live with me permanently but his mother will not have it, does he have the right to make his own decision?

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If my 14 year old son wants to live with me permanently but his mother will not have it, does he have the right to make his own decision?

Asked on June 27, 2015 under Family Law, South Carolina

Answers:

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

Answered 6 years ago | Contributor

In most states a minor child cannot choose which parent they want to live with.�That having beens said, while a child cannot outright choose where they want to live, if they over�the age of 12,�their preference is given consideration by the court. And the older the child, the more weight it is given.

However, it should also be noted that�a court will look to many factors - the child's relationship with each parent, reason for wanting the change, income and education of the parents, etc.�

At this point, you should consult directly with an attorney who specializes in custody cases; they can best advise as to specific state law.


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