age children can choose which parent to live with in delaware
by Honorable Anne Kass. Ann Kass is a District Judge in the Second Judicial District State of New Mexico. 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. The laws in every state dictate that in a custody dispute, when parents can't agree, the court has the absolute right to decide where a child will live until she reaches the age of majority. However, it can be difficult to force an older child to live in a home if she doesn't want to be there. Telling a child that he must live where a judge says he must -- and that he has no choice in the matter -- can be doubly difficult. Several states take a child's preference into consideration when determining custody to try to avert this problem -- and Maryland is one of them. In most states, Delaware included, a child has to reach what is called the age of majority (age in which the child is recognized as an adult for making legal decisions, entering into contracts, etc.) before they can make that decision and the age of majority varies from state to state. November 22, 2013 By. We regularly get asked at what age can a child decide which parent she or he will live with. I was asked this again just the other day. Frequently, the person asking is under the impression that a child can make their own decision after they turn 12; I am not sure where this persistent rumor comes from. If a teen’s reasons for wanting to live with her other parent are pure and logical, but that parent has a documented drug or alcohol problem or frequent brushes with the law, the judge does not have to transfer custody. This would not be in the best interests of the child. 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. Teenagers' Rights. Maryland is somewhat unique in that it allows your child to take matters into his own hands when he's old enough. Teenagers age 16 or older can petition the court themselves to ask for a change of custody if they're unhappy with the arrangement ordered in your decree. It can be as low as 18 or as high as 21 depending on where the child lives. In Delaware, the age of majority is 18. However, almost all states allow the child, a parent or a guardian ad litem to write to the judge and/or petition the court for modification of the original custody agreement. In Ohio, there is no “magic” number at which a child is given full authority to decide which parent will be the Child’s “home base.” Under most circumstances, the Court is required to consider the wishes of the Child. Generally, the older the Child is, the more weight the Court will give to the Child’s wishes. It is a common misconception that in custody, visitation or shared parenting proceedings, a child can make the decision for themselves once they reach the age of 12. This is not true in Ohio.
At the age of 18, children can choose parent to live with in Delaware.