Legal Question in Family Law in Wyoming
Child Custody
At what age does a child have to be to decide which parent they choose to live with?
Asked on 8/25/03, 11:07 pm
1 Answer from Attorneys
Thomas Lubnau
Lubnau Law Office, P.C.
Re: Child Custody
There is not a magic age at which a child can make such a decision. The ultimate decision regarding where a child will reside is made by a judge unless the parents reach an agreement which is then ratified by the judge. The Court must consider many factors in determining where a child will reside one of which is the child's preference. The Wyoming Supreme Court has stated that once a child is approximately 14 their preference should be given more weight in the decision making process. That age, however, is not carved in stone as the Court must consider the child's maturity level and rationale behind their preference.
Answered on 8/26/03, 11:21 am