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When Can child decide which parent to live with NJ?
In New Jersey, a child cannot absolutely decide with which parent to live, until s/he turns 18, which is the age of majority. Before that age, the older the child, the more likely a Judge will pay attention to the child’s stated preferences for parental living arrangements.
Can my 12 year old decide where to live?
Fam. Code § 3042 (a).) If a child is at least 14, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental. Children can’t choose where to live until they are 18 years old.
Can a 13 year old decide who they want to live with?
In general, young children should not be given the choice of where they want to live. This can even lead to a child regretting their decision or feeling guilty. Depending on a number of relevant factors, including the child’s maturity level, a child’s preference becomes more important by about age 12 to 13.
At what age can a child refuse to see a parent NJ?
In New Jersey, 18 is the age of majority. In other words, New Jersey defines the age of adulthood at the age of 18. Unless there was an agreement specified by both parents, the 18-year-old could refuse the visitation without going through the courts. At this age, the child can also choose which parent to live with.
Can a child choose which parent to live with in New Jersey?
In New Jersey, a child does not have the right to choose which parent they want to live with. However, based upon the age of the child, the court may consider the child’s wishes and the reasons behind their choice in determining custody. Under the age of 8, the court will typically not listen to a child’s wishes.
Can my child decide which parent to live with?
It will be necessary to prove, however, that your child has the capacity to have and express a preference. Only then will the court allow them to help decide which parent to live with. Whether this is expressed by age and other means, that will be handled on a case by case basis.
Can a 10 year old decide where to live after divorce?
This means that a child who is 10 may, in some situations, be able to have input into where he or she will live after a divorce. In other cases, again based upon the court’s discretion and determination, an individual child might not have sufficient age and capacity to form an intelligent decision at the age of 15.
How old does a child have to be to decide child custody?
At times, another opinion enters the fold, as older children have their own feelings about which parent they want to live with and with whom they want to spend the majority of their time. Parents confronted with this situation often ask: “How old does my child have to be to decide the child custody arrangement?” The short answer: there isn’t one.