Legal Question in Family Law in Minnesota

How old does a child have to which parent they live with?be before they can decide

Asked on 3/30/10, 7:12 am

2 Answers from Attorneys

Robert Kane Law Offices of Robert D. Kane, Jr.

The child does not have the ability to decide until the custody order is no longer effective (e.g. 18, graduated from HS, or graduated from college). A court MAY take the child's wishes into consideration, but this probably wouldn't happen until the child is at least 13.

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Answered on 4/05/10, 6:27 am
Maury Beaulier612.240.8005 Minnesota Lawyers

A child never gets to make that decision until they are 18. Instead, court orders must be followed unless or until they are modified by a new court order. They may be modified if the change is determined to be in the child's best interests. As part of that process, the court will consider the desires of a child that is of suitable age and maturity. As the child matures, the more persuasive their opinion may be, but in the end, the court must consider all factors when rendering its decision.

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Answered on 4/05/10, 10:19 pm

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