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At what age can a child decide where to live?

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KMinMD

Junior Member
What is the name of your state?I live in Maryland with my second wife and my 16 year old daughter from my first marriage. My first wife and I had shared custody (every other week) of our daughter. Last year, my first wife moved to California (to find herself) and after many arguments and consultations with an attornery, I finally convinced her that it was in our daughter's best interest to stay with my second wife and me full time. We are in Maryland. Now, my daughter has decided that she wants to move to California to live with her mom because she misses her. She turned 16 a few weeks ago, and because of her age, I am inclined to let her decide. I understand that if it went to court, a judge would consider a child's opinion, and I assume that at 16, that child's opinion would have a lot of weight. Is this true? I would appreciate any feedback on this. Thanks.
 


BelizeBreeze

Senior Member
What feedback do you need unless it's to talk you out of letting your daughter assist the court in making the decision?

You obviously know your daughter and ex-wife much better than we do and seem to realize that your daughter is capable of making a decision.

you also seem to have decided to accept that decision.

So, the only thing we can tell you is personal opinion which, in a court, means as much as Horse Manure on a hot day....NADA
 

casa

Senior Member
KMinMD said:
What is the name of your state?I live in Maryland with my second wife and my 16 year old daughter from my first marriage. My first wife and I had shared custody (every other week) of our daughter. Last year, my first wife moved to California (to find herself) and after many arguments and consultations with an attornery, I finally convinced her that it was in our daughter's best interest to stay with my second wife and me full time. We are in Maryland. Now, my daughter has decided that she wants to move to California to live with her mom because she misses her. She turned 16 a few weeks ago, and because of her age, I am inclined to let her decide. I understand that if it went to court, a judge would consider a child's opinion, and I assume that at 16, that child's opinion would have a lot of weight. Is this true? I would appreciate any feedback on this. Thanks.
It sounds like in the past you and the 1st wife have been able to do what is right for the child- that's promising.

Legally a minor must be 18 to decide (in most states) however, a teenagers wishes would hold much more weight with the court. If the child wants to move with her mother (at 16 that sounds normal) then the court would consider her wishes AND whether the move would be beneficial for the child. ie; you could fight it, but unless the mother is unfit- it's possible the child will be allowed to move.

My advice- consider whether the child will be taken care of adequately and be willing to compromise by allowing her to move. So far it seems you both have done right by her- and if you continue that behavior, it will only benefit your relationship with your child in the longrun.
 

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