age that kids can pick which parent to live with
As divorce attorneys in Charleston, we know that custody disputes can be among the most difficult cases for a Charleston divorce lawyer to handle. Many of our clients want to know whether their child or children can choose which parent to live with in South Carolina. The answer is more complicated that a straightforward “yes” or “no.” In South Carolina, there is no exact age when a child may choose to live with one parent or the other. This article examines all of the factors involved in deciding whether a child’s preference carries any importance with a family court judge. The Older the Child Is, The More Likely the Child Can Choose Which Parent to Live with in South Carolina Under South Carolina law, a child is a person who is under the age of 18. In deciding which parent should have custody of a child, South Carolina’s family courts focus on the “best interests of the child” which includes the child’s reasonable preference for custody. California Family Code Section 3042(a) answers the question about what age can a child decide which parent to live with in California. A minor can nominate a guardian at the age of 14. A child can go to court to ask a judge for an order emancipating them from their parents at the age of 16. A 17 year old will be prosecuted as an adult if charged with a crime. Over 14 years of age, a child cannot be adopted unless they consent. A 16 year old may ask for a parental consent waiver for an abortion. Some states have laws that make it easier for children of a certain age to be heard regarding their preference for custody or visitation. For legal advice and child custody laws in your state regarding when can a child decide which parent to live with you'll probably want to consult a child custody lawyer or family law attorney in your area about your specific situation and how the law applies. Note, even children under 14 years of age can address the court regarding custody or visitation if the court determines it is appropriate pursuant to the child's best interests (California Family Code Section 3042(a),(d)). For example, a 16-year-old might want to live with his father because his father has promised to lift curfews. A 10-year-old might prefer to live with his mother because she has for weeks indulged his every whim. In either case, the judge probably won't honor the child's wishes, nor does he have to. When Can A Child Choose Which Parent To Live With. 1  A minor can nominate a guardian at the age of 14. 2  A child can go to court to ask a judge for an order emancipating them from their parents at the age of 16. 3  A 17 year old will be prosecuted as an adult if charged with a crime. 4  Over 14 years of age, a child cannot be adopted unless they consent. The Older the Child Is, The More Likely the Child Can Choose Which Parent to Live with in South Carolina. Under South Carolina law, a child is a person who is under the age of 18. There is typically no specific age when a minor child can ultimately decide which parent he/she wants to live with. It is usually up to the court or a judge to decide if parents do not agree on child custody and visitation. What Age Can a Child Decide Which Parent to Live With? | Buy Now | Website | Testimonials | Book Reviews | One of the most common child custody questions asked is, At what age can a child decide which parent to live with?
The Child Can Choose Which Parent to Live with in South Carolina Under South Carolina law, a child is a person who is under the age of 18.