child selection of who to live with

This is a discussion on child selection of who to live with within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; At what age can a minor (14) chose who he wants to liive with/ Can this be greatgrandparents? What would need to be done?...

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    child selection of who to live with

    At what age can a minor (14) chose who he wants to liive with/ Can this be greatgrandparents? What would need to be done?


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    Although a minor can inform the judge of his or her preference with whom she lives, ultimately it is in the discretion of the judge to determine issues of custody and he will make his decision based on the best interests of the child. The older the child is, the more weight would be given to his preference but that alone does not determine who will be granted custody.
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    How likely it will not be mom or dad, is very low, absent abnormal circumstances.

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    The gender of the child and the custodial parent also carry weight. For instance, a 13 year old boy who is in the custody of his single mother and wants to live with his father will be given great weight.

    In custody cases, the issue is: "whether it is in the best interest of the child". A teenage boy would benefit from his father's guidance - a male thing. The "Tender Years Doctrine" young children automatically are better nurtured by their mother is out the window thanks to "Woman's Lib" lol.

    Folks should also remember that there are two types of custody i.e. PHYSICAL CUSTODY and LEGAL CUSTODY. The two are completely different although they sound alike.

    Lastly and in reality, the court still overwhelmingly awards physical custody to the Mother because it is TRADITION - Remember "Fiddler on the Roof?" (Dr. Chivago). Great flick! How long does it take to change tradition? It takes the patience of a tree grower! lol.


 

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