age of letting children decide on visitation
In the case, the parties married in 1993 and divorced in January 2013. Five children were born of the marriage, one in 1994, the next in 2000, and triplets in 2004. Upon the divorce, the parties executed a marital settlement agreement, which addressed custody of and parenting time with the children. The fact is that judges who make custody decisions consider the desires of children who are much younger than age 14. However, children's wishes are only one of many factors that judges must consider. There are many reasons why judges do not automatically accept children's wishes about custody. A: Ohio law does not specify an age at which a child may choose his or her own living arrangements. * either parent’s establishment of a residence, or a plan to move, outside the state. The court is not allowed to give a parent preference because of that parent’s financial status. A child’s preference in custody does not rule the day in family court. It should not be assumed that a child’s preference, regardless of the age, will carry the day in court. Family law judges have the discretion to listen to a child’s preference but not necessarily follow every aspect of it. Judges Decide Child Custody - Not Kids. At the end of the day, it's up to the judge to decide who gets the kids. by Honorable Anne Kass. Myths abound in divorce court, but one of the most damaging is the notion that when a child reaches the age of 14, it is the child who can decide which parent to live with. A: Ohio law does not specify an age at which a child may choose his or her own living arrangements. Rather, the court looks at the custody issue on a case-by-case basis, and custody determination is based on a number of factors, including: * the wishes of the child’s parents; * the wishes of the child; For example, Georgia – one of the more progressive states in this regard – sets the age at 14. Generally, however, it's incumbent upon the judge to decide whether a child is mature enough to have a reasonable opinion. A child’s preference in custody for children age 14 and older. Pursuant to Family Code 3042, when evaluating a child’s choice regarding custody and visitation, the court must listen to a child who is 14 years or older unless the court determines that it is not in the child’s best interest to do so. Child’s Preference in Custody. The “When” and “How” of it all. A child’s preference in custody including who the child chooses to live with, how the child can state that choice and when (at what age) the child can make the choice have evolved in the last many years in the State of California. A common issue I confront as a family law attorney is at what age may a child’s lack of a desire to visit with their non-custodial be conclusive in a New Jersey Family Court. The “rule of thumb” amongst my fellow family law attorneys here in New Jersey is when the child is fourteen (14) years of age. However, there is not a child custody law which affirmatively states this reality that I have come to understand after 20 years of being as a practicing lawyer in this field.
At age of 14 letting children decide on visitation.