Custody Based on Child's Wishes
I currenty live in Arkansas and my child's mother lives in Tennessee. We were originally divorced in Arkansas but since the child lives in Tennessee and I have been taken back to court several times by the custodial mother Tennessee now has jurisdiction. My child is a 12 year old female who wishes to live with my current wife and myself. Her mother knows of these wishes but refused to relinquish custody. My question is two fold. One: If I were to take my ex-wife back to court would I have to file in Tennessee or in Arkansas? And two: is there a specfic age (in either state) where the child's wishes are considered to be binding and if so at what age. If the age is never binding is there a specfic age where the judge will more times than not abide by the child's wishes and change the custody? Thanks you for any help you can provide.
1 Answer from Attorneys
Re: Custody Based on Child's Wishes
It depends. Unless she has taken you back to court in TN and noone objected and thus TN now has jurisdiction, then I think it is still in AR. Just depends.
As to age, "there ain't none!" The Court will generally listen to a child, but the final decision rests on the best interests of the child. The child's opinion is never binding on the Court for obvious reasons.