Inquiry - Age Child Can Choose Parent...

...to live with. Hi, everyone, I live in New York and was wondering if anyone knows the age a child can choose to live with divorced parent. My H is under the impression that SS12 can now choose to live with us. Of course this all stemmed from SS calling H after work yesterday asking if he can spend the night and do his project. (I was furious.) SS has a home computer and a library by him. 1st of all we have him every weekend until monday morning - that's 3 nights - and every major holiday. That's too much when I consider that H pays child support and I feel hey, she needs to give some of that up if we're going to take care of him so much. SS always preferred his father and now that he's married to me, SS loves the way we live - we live with peace and respect, not to mention a clean home whereas his mother is a B@tch that is loud, verbally abusive and a pig. (Had to let that out.) :sick: :barf: Aaaaah. Any advise is greatly appreciated.

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I don't believe a child EVER

I don't believe a child EVER gets to choose. I think courts will, somewhere between ages 12-14, depending on the child's maturity level, give consideration to the child's wishes. But its always about the best interests of the child in the court's judgment.

13

13 is normally the age when a child can choose. Normally a judge does not change where the child will live unless there is good reason for it. Be carefull that you don't have him all the time and still pay CS.

if you both agree...

the child can choose. but you should go to court again and lower CS, if child is going to live with you most of the time. it is not difficult to do, just fill out paper work at your court house and use the child's wishes and current placement status as your reason for the change in CS.

also.....

get your ex to agree first then wait a few months after the placement has changed before filing papers to reduce CS. if ex knows you are going to try to change CS amount, she might not go for it! also, get a good lawyer, in the long run the extra money spent on an attorney is worth it.

Here it is 14

We are going to court regarding custody issues with SD14 who lives with us but wants to live with BM. Our lawyer says at 14 SD CAN have a pretty strong say in where she lives. That won't be the only factor, but evidently it's a major one.