What is the legal age that a child can speak on his/her behalf and say what parent they want to live with?

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What is the legal age that a child can speak on his/her behalf and say what parent they want to live with?

Asked on February 21, 2012 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although some states set an age restriction as the minimum age for a child to testify, the real question is at what age are they deemed competent to testify.  Some times a judge will actually question them to see if they know the difference between a lie and the truth and if they understand the consequences as to same.  And it is always in the discretion of a judge to weigh the testimony.  Good luck.


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