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should minors be allowed to make their own decisions when it comes to custody issues

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hishersandours

Guest
does any mom out there allow their children to decide what parent they reside with...what age do you allow that? I have looked through the devorce decree and at no time have i found any affidavit that states children can make own decisions when they turn 10. i have a 14 yr. daugh and she does not have that obtion...not that she wants to excersise living with her bio-dad. but, nonetheless...i wouldn't allow it. 2> are children allowed to decide on their own weather or not they want to go to moms or dads? somehow that appears onesided. let's face it ladies...our children are not capable of making the decisions and sometimes are presuaded with false promises. isn't that why the state of AZ only allows you to make your own choices at the ripe age of 18. i am not saying to that your children don't have a say or that sometimes for the moment they really get caught up with mom and then dad and mom and then dad...so, say going well...why change a good thing? just because one of the parents is playing a power struggle and is possibly jealous over another?? i don't know...any ideas on this.
 


tammy8

Senior Member
I think that a child's wishes should be considered but that's it. If the kids were able to decide then they would be with mom this week and Dad next week and switch when they didn't get their way. I know because it happens all the time. Also by "letting" the child decide which one to live with, it makes one parent a winner and the other a loser.

If kids were allowed to make their own decisions period on everything then they would stay up all night, not go to school or do any homework (how many times did you ask the teachers where are we going to use THIS???), eat all junk food, and watch TV all the time. I didn't realize just how wonderful my not very strict parents were until I moved out and found out you don't sleep you are tired, you have to go to work everyday, you do use that math balancing the checkbook, eating junk makes you fat and TV rots your brains:D !!!!
 
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mama2desi

Guest
it prob. depends on the state you are in. I am in TX. and I think it around age 12-14 that a judge will take the child's wish into deep consideration . I have searched about this since my child does not live with me at the present time.
 

usmcfamily

Senior Member
I answer this one from a little different perspective - as a child of divorce who was given this option and exercised it. When my parents divorced I was 13 -- at 15 I wanted to live with my father because my mother and I had never had a "close" relationship and my father and I had (there is a lot to that story but it is too long for here).......my mother allowed me to make this move and I continued to see them both (we were in a small town) and my relationship with my mother actually improved once we weren't in the same house. When my father's illness (he was diagnosed w/cancer only months after the divorce) became too much for he and I to handle alone BOTH of us moved back to my mother's house where she and I nursed him until he had to be hospitialized and passed away -- I then lived with her for the remaining year until I graduated and moved out.
I think that a lot of my current WONDERFUL relationship with my mother is to do with the fact that these things happenend.......

THAT SAID ------ while I do think that the opinion/thought/feeling of the minor child should be CONSIDRED I don't think that that should be all a decision is based on. As said - children can get pulled into a power play by NCP's OR the child can decide to "run away" to the NCP when the CP tries to enforce rules......When it comes down to it I think that the parent's and the court (if the parents can't reach a mutual decision w/out them) need to consider the wishes of the child only after considering what is in the best interest of the child (ie schools, housing, financial situation, etc........). I guess my point is that while their opinion matters it certainly shouldn't be the final word ...........
 
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hishersandours

Guest
thanks tammy...

i am a stepmom and always seem to see things just as they are...and you are right about all the things they wish they could do....why not go where you think you have all the attention and things just the way you want and other kids would dream of. my daughter loves being with me...but if she decided to be with her dad...i would have to look at it but "only" from a safety perspective and i am allowed that right, by law. don't misunderstand...i love my step daug...we as parents should always excersise our rights and furthermore set a good example. letting her make her own choices at 13 and her brother at 10 would just complicate matters worse. it is the wish of bio-mom to have them full time...although if my step son wanted to live with us...which i know he would...but we don't want to take them away from their mom...we just have to learn to share and suck it up when times are hard...and know...we can't always things the way "we" like it...i gave up those rights...divorcing my husband...knowing full well that i would have to put up with crap i didn't want...life goes on and we all move forward to a better tomorrow.
 
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hishersandours

Guest
mama2desi said:
it prob. depends on the state you are in. I am in TX. and I think it around age 12-14 that a judge will take the child's wish into deep consideration . I have searched about this since my child does not live with me at the present time.
we live in arizona and because of the nature of the said bio-mom...she unfortunately plays on the emotions of all the children...our 10 yr. old could care less...but on the other hand...the 13 yr. old feels misplaced because she has my daughter being14 to compete with...she would be the oldest in her bio-moms house...which gives her seniority and apparently more attention...for lack of better words, so my point i guess is...bio-mom is stating that 13 yr old may want to withdraw from coming to our house because of the competive nature of the two girls...give me a break!!
 
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hishersandours

Guest
usmcfamily said:
I answer this one from a little different perspective - as a child of divorce who was given this option and exercised it. When my parents divorced I was 13 -- at 15 I wanted to live with my father because my mother and I had never had a "close" relationship and my father and I had (there is a lot to that story but it is too long for here).......my mother allowed me to make this move and I continued to see them both (we were in a small town) and my relationship with my mother actually improved once we weren't in the same house. When my father's illness (he was diagnosed w/cancer only months after the divorce) became too much for he and I to handle alone BOTH of us moved back to my mother's house where she and I nursed him until he had to be hospitialized and passed away -- I then lived with her for the remaining year until I graduated and moved out.
I think that a lot of my current WONDERFUL relationship with my mother is to do with the fact that these things happenend.......

THAT SAID ------ while I do think that the opinion/thought/feeling of the minor child should be CONSIDRED I don't think that that should be all a decision is based on. As said - children can get pulled into a power play by NCP's OR the child can decide to "run away" to the NCP when the CP tries to enforce rules......When it comes down to it I think that the parent's and the court (if the parents can't reach a mutual decision w/out them) need to consider the wishes of the child only after considering what is in the best interest of the child (ie schools, housing, financial situation, etc........). I guess my point is that while their opinion matters it certainly shouldn't be the final word ...........
what an awesome story...this makes me cry!!! you should write a book on yourself!!! no kidding...i wish that things could be so wonderful in tragic sense...but they are not. my husband is heart broken over this and tries very hard to understand and repect his daughters feelings...on the other hand...he feels if he lets go now...she will only think that he doesnt care...this poor girl is so confused and and deeply loves both parents...she is only at the mercy of her mothers insecure feelings...because she loves both...she tells both different stories to please them. the point is mom keeps sending certified letters...asking us to forgo our rights and keep the kids at heart...because it is for the best for her children. i am truly sorry....but i dont think so!!!!
 
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colostepmom

Guest
minors allowed to choose?

I am not a lawyer, but have quite an opinion on the matter of children choosing which parent to reside with. My husband and I have been on both sides of this issue. His daughter had lived with us for the past 3 years. Although she begged her father and I to fight for her, it was ultimately her mother who decided to let her come live with us. Now she is 14 1/2 and does not like our rules (grounding for grades, lying, ect.). So, she and her mother decided she should live with mother again. We said no, she chose to live with us, now she must live by our rules and accept her responsibility for grades, ect.. Mother knew enough about the law that the only way to get daughter back without going to court would be to involve social services and accuse us of abuse, and prove daughter has medical issues. So, stepdaughter accuses my husband of spanking younger sister, hence all children are taken from our house. Alligations are proven to be lies, but by the time all this takes place 14 yr. old has been living w/mother 2 weeks, wont retun father's calls. Social Services says they agree 14 yr. old was manipulating situation, but cant do anything about it. This goes on for past 3-4 mo.s. She comes and goes as she pleases, we have no discipline with her, she talks to us (and other adults) anyway she pleases, she throws fits more forcefully and more often but the sad part is she has lost our trust and broken our hearts. So we went from the parents fighting for her and now we are the parents fighting against her by her choice. I feel if we had the courts backing us, as they do most mothers, stepdaughter would accept responsibility for her actions and learn from mistakes, as it is now, she has lied, manipulated situations, and continues to because she has gotten away with it all, and no one has said, that was wrong, you hurt alot of people, but mostly yourself, your character. I felt before she lived with us that yes, children should be able to choose, because she was begging us and telling us how terrible her mother was, now the shoe is on the other foot, we are the terrible ones. Although I've told her mother I now can understand the position she was put in 3 years ago, she shouldn't use it to get back at us, after all she allowed daughter to live with us and we agreed to do our best to raise her. Now instead of backing our decisions with daughter she has encouraged her to lie to get what she wants and we are helpless in the situation. We will go to court in June, and nothing will change. We will pay higher child support although she paid us nothing while daughter lived with us. Alot of it comes down to money, it is an important issue, we paid her allimony for 5 years while she got a college degree, didn't work, and we kept all girls (3) for her when she needed a break, now she has remarried, our payments to her are 1/2 of what they were (no alimony, just child support), so not enough for her, back to court we go. My advice to you from an ordinary person is try to back your exspouse if he is willing to back you because the child will end up loosing her morals when she can get away with what ever parents and the system allow. That was not our situation, and isn't most peoples, which is why troubled children in our society end up being troubled adults. Good luck to you, exspouse and child.
 
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hishersandours

Guest
Re: minors allowed to choose?

colostepmom said:
I am not a lawyer, but have quite an opinion on the matter of children choosing which parent to reside with. My husband and I have been on both sides of this issue. His daughter had lived with us for the past 3 years. Although she begged her father and I to fight for her, it was ultimately her mother who decided to let her come live with us. Now she is 14 1/2 and does not like our rules (grounding for grades, lying, ect.). So, she and her mother decided she should live with mother again. We said no, she chose to live with us, now she must live by our rules and accept her responsibility for grades, ect.. Mother knew enough about the law that the only way to get daughter back without going to court would be to involve social services and accuse us of abuse, and prove daughter has medical issues. So, stepdaughter accuses my husband of spanking younger sister, hence all children are taken from our house. Alligations are proven to be lies, but by the time all this takes place 14 yr. old has been living w/mother 2 weeks, wont retun father's calls. Social Services says they agree 14 yr. old was manipulating situation, but cant do anything about it. This goes on for past 3-4 mo.s. She comes and goes as she pleases, we have no discipline with her, she talks to us (and other adults) anyway she pleases, she throws fits more forcefully and more often but the sad part is she has lost our trust and broken our hearts. So we went from the parents fighting for her and now we are the parents fighting against her by her choice. I feel if we had the courts backing us, as they do most mothers, stepdaughter would accept responsibility for her actions and learn from mistakes, as it is now, she has lied, manipulated situations, and continues to because she has gotten away with it all, and no one has said, that was wrong, you hurt alot of people, but mostly yourself, your character. I felt before she lived with us that yes, children should be able to choose, because she was begging us and telling us how terrible her mother was, now the shoe is on the other foot, we are the terrible ones. Although I've told her mother I now can understand the position she was put in 3 years ago, she shouldn't use it to get back at us, after all she allowed daughter to live with us and we agreed to do our best to raise her. Now instead of backing our decisions with daughter she has encouraged her to lie to get what she wants and we are helpless in the situation. We will go to court in June, and nothing will change. We will pay higher child support although she paid us nothing while daughter lived with us. Alot of it comes down to money, it is an important issue, we paid her allimony for 5 years while she got a college degree, didn't work, and we kept all girls (3) for her when she needed a break, now she has remarried, our payments to her are 1/2 of what they were (no alimony, just child support), so not enough for her, back to court we go. My advice to you from an ordinary person is try to back your exspouse if he is willing to back you because the child will end up loosing her morals when she can get away with what ever parents and the system allow. That was not our situation, and isn't most peoples, which is why troubled children in our society end up being troubled adults. Good luck to you, exspouse and child.
maybe i confused you with my post...in regards to your last several sentences. i am the step mom and watching my current husband and his ex battle over custodial issues...mean while...i have full custody of my first daughter from my first marriage...hope that makes better sense.
 

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