how old does a child have to be to decide where they want to live?

[patton_patrick]

I live in Las Vegas and want to keep my little sister with me until our mother goes into a treatment program. She is 12 and I am 28, is she old enough to choose where she wants to live?

 

[stealth2]

Where's her Dad?

 

[KarenWalker]

I'm no lawyer, but the areas I have researched, most courts consider age 12 old enough to decide. HOWEVER, it is only a determining factor, the judge may overrule desire to make sure that she is in the best possible situation. In otherwords, they take it into account, but it is not a sole measure of who gets custody.

 

[snostar]

No, she doesn't get to decide.

 

[KarenWalker]

Right, it's a matter of opinion that the court considers when deciding modifications. It is NOT the determining factor. In Oklahoma, Texas and Arizona they take it into account in a custody dispute.

 

[Hisbabygirl77]

karenwalker you need to remember that this is not a case of parent vs parent wanting custody. Her sister has no legal right to this child. If the mother AND father do not agree to her having custody it is going to be a long uphill battle.

 

[KarenWalker]

Babygirl77, You are ABSOLUTELY correct; I misread (probably should put my damn glasses on). I think that this should be mentioned in the Grandparent thread as they might shed more insight onto the situation. As a non-parent the rules are completely different, so you really should seek advice in that more practiced thread

You have a long battle ahead, and I wish you luck!

 

[LdiJ]

Right, it's a matter of opinion that the court considers when deciding modifications. It is NOT the determining factor. In Oklahoma, Texas and Arizona they take it into account in a custody dispute.

Karen...when its a parent vs a third party (such as sibling, grandparent or anyone who isn't a parent) the kids wishes ARE NOT taken into consideration at all....they can't be...its a constitutional issue.

 

[snostar]

BTW, Georgia is the ONLY state that has a law with provisions which dictates a child can decide at the age of 14 where they will live.

 

[KarenWalker]

Y'all are all correct, the child's wishes are not a legal matter in this issue. Sucks! Sorry patton patrick

 

[stealth2]

Babygirl77, You are ABSOLUTELY correct; I misread (probably should put my damn glasses on). I think that this should be mentioned in the Grandparent thread as they might shed more insight onto the situation. As a non-parent the rules are completely different, so you really should seek advice in that more practiced thread

You have a long battle ahead, and I wish you luck!

You realize it's all the same people posting in that thread as here, right?