At What Age Can a Child Decide to Stop Visitation
i in 4 states don't crave judge to consider kid's custody preference
November 17, 2022 — Many separating parents mistakenly think their child tin can cull whom to live with.
In reality, Georgia is the only U.Southward. state that lets a child choose who takes physical custody of them. Even then, the kid must be 14 or older, and their option must be approved by a judge.
Xiii states don't have statutes requiring a judge to consider a kid's preference when deciding custody. All other states (plus Washington, D.C.) do; judges in that location must take the views of mature children into business relationship.
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These findings come up from an analysis of current land statutes by Custody Ten Change, which offers parents a web app for managing custody via parenting plans, calendars, expense tracking and more than. (Whorl to stop for full land-by-land data.)
"If you go to court over custody, you demand to understand your state's approach to many topics, including a kid'due south right to share their opinion," said Ben Coltrin, Custody X Change co-founder and president. "There's debate over what'southward more important: letting a child take a say or shielding them from parental disputes. How your state and judge view the issue will affect your instance."
"There's argue over what's more of import: letting a child have a say or shielding them from parental disputes."
-Ben Coltrin, Custody X Alter president
Information technology's important to note that most custody decisions are made by parents in settlement agreements; these parents can consider their child's opinion yet they want. When parents tin't achieve understanding, so a judge decides what custody organisation would serve the kid'southward best interests.
Once the court issues a custody order, the child must comply. This means your son or daughter cannot reject to see a parent who has been awarded custody or visitation time.
How one-time must a child be to weigh in?
All states let judges to consider the preference of a child in a custody case, equally long as the child is sufficiently mature. And, as we saw to a higher place, a large portion of states crave judges to have a mature child's stance into account.
And then when is a kid mature? Most states don't ready a specific age, instead letting judges decide case by case.
When statutes practise cite an age, 14 is most common. Three states (California, New United mexican states and Due west Virginia) presume children 14 and older are sufficiently mature, while ii (Indiana and Utah) requite extra weight to the opinions of kids in this range.
Another four states (Mississippi, Oklahoma, Tennessee and Texas) presume children 12 and up are mature enough to form a preference worth examining.
Georgia law sets the youngest age. It says children 11 and up tin share their thoughts with the courtroom. (And, think, Georgia kids at least fourteen years old can cull which parent to live with, although a judge tin can override the choice if necessary.)
All these states give judges leeway to hear from younger children who seem particularly mature.
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Overall, the older a child is, the more impact their wishes accept on their custody example.
If your child is at to the lowest degree 14, a judge in whatever state is likely to hear what they have to say. On the other hand, a child in the single digits probably won't get to weigh in. Children betwixt these two groups fall in a gray area, and whether they can provide input depends on their state, judge and maturity level.
Nationwide, children 14 and above can usually weigh in on custody rulings. Children 9 and under normally tin can't. The rest autumn in a grayness area.
How a child's stance fits into the big picture
A gauge never has to award custody according to a kid's wishes. Other factors — such every bit each parent's criminal history and bond with the child — ever come up into play.
In add-on, a judge tries to assess whether a child's preference for ane parent is due to persuasion or leniency past that parent, which would give the preference less validity from the court's perspective.
For example, a 15-yr-former may not get to alive with her mom equally she wishes if evidence shows the mother lets her drive without a license. In contrast, a 12-year-one-time with concrete reasons for preferring a suitable parent could have considerable influence on a estimate's ruling.
How kids share their opinions
Children typically practise non testify about their preferences in court considering the experience can be emotional and frightening.
Instead, they usually share their thoughts in conversation with the approximate, a custody evaluator or someone appointed past the court to stand for their interests (similar a guardian advertisement litem). In Georgia, a child who's at least eleven can turn in a written affidavit.
Interviews with the approximate take identify in the judge's function and are thus known as in-chambers or in-camera hearings. By and large, a court reporter and the kid'southward legal representative attend. Sometimes the parents' attorneys are also allowed in but non the parents themselves.
Some judges ask the child directly whom they'd like to alive with, while others only inquire related questions similar, "What do yous do for fun with your mom?" In certain states, both parents must consent before the kid may speak with a approximate. Other factors that vary include whether parents can suggest questions for the interview and whether they can read the transcript.
State-by-state information
| Country | Judge must consider a mature child's stance? | Age guidelines in the police |
| Alabama | Yes | |
| Alaska | Yep | |
| Arizona | Yes | |
| Arkansas | No | |
| California | Yep | A child 14 or older gets to accost the court, unless the courtroom determines it's not in the child'south all-time interest. A child under fourteen also gets to address the court if it's in their best interest. |
| Colorado | Yeah | |
| Connecticut | No | |
| Delaware | Yeah | |
| Florida | No | |
| Georgia | Yes | A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the kid'southward best interests. The approximate considers the desires of a kid at least xi but non yet fourteen. |
| Hawaii | Aye | |
| Idaho | No | |
| Illinois | Yes | |
| Indiana | Yes | The court considers the wishes of the child, with more consideration given if the child is at to the lowest degree 14. |
| Iowa | Yes | |
| Kansas | Yes | |
| Kentucky | Yes | |
| Louisiana | Yep | |
| Maine | Yes | |
| Maryland | Yes | |
| Massachusetts | Yes | |
| Michigan | Yep | |
| Minnesota | Yes | |
| Mississippi | Yes | If the court considers both parents fit to have custody, the chancellor (judge) may consider the preference of a child 12 or older. |
| Missouri | Yes | |
| Montana | No | |
| Nebraska | Yes | |
| Nevada | Yes | |
| New Hampshire | No | |
| New Jersey | Yeah | |
| New Mexico | Yep | If the child is 14 or older, the court considers their desires. If the kid is under 14, the court decides custody per the child'due south best interests, considering factors like the kid's wishes. |
| New York | No | |
| North Carolina | No | |
| North Dakota | Aye | |
| Ohio | No | |
| Oklahoma | Yes | The kid gets to express a preference if the court finds this is in the child's best interest. The courtroom considers the preference if the child is old enough to form an intelligent opinion. There's a presumption a child 12 or in a higher place is old enough. |
| Oregon | Yes | |
| Pennsylvania | Yes | |
| Rhode Island | Aye | |
| Southward Carolina | Yes | |
| South Dakota | No | |
| Tennessee | Yep | The court considers the reasonable preference of a child 12 or older. The courtroom may hear the preference of a younger child. An older child's preference is ordinarily given greater weight. |
| Texas | Yeah | A kid 12 or older gets to speak with the court in private. A child under 12 may get to. |
| Utah | No | The courtroom may consider the wishes of the child, considering the child'due south maturity. The desires of a kid 14 or older get added weight. |
| Vermont | No | |
| Virginia | Aye | |
| Washington | Yes | |
| Washington, D.C. | Yes | |
| West Virginia | Yes | The court accommodates the preferences of a kid 14 or older, if it'due south in the child'south best interests. Information technology likewise accommodates the preferences of a younger kid mature enough to express an stance, as long as this is in the kid'due south all-time interests. |
| Wisconsin | Yes | |
| Wyoming | No |
Source: https://www.custodyxchange.com/topics/research/custody-preferences-children.php
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