What Age Can a Child Tell the Judge Who They Want to Live with

[itsjustme]

My question involves a child custody case from the State of: MI

at the age of 14 years old couldnt a child say to the custody judge who he want to stay with, without a custody battle and then the judge awards the child wishes? I know what is best for child thing but lets say both homes/parent are equal

[cbg]

The age at which a child can make a binding decision on who he wants to live with is 18.

Depending on the state and the judge, the judge MAY give some credence to the child's wishes if you are looking for a law that says if X the judge is required to place the child where the child wishes, there isn't one.

[Dogmatique]

My question involves a child custody case from the State of: MI

at the age of 14 years old couldnt a child say to the custody judge who he want to stay with, without a custody battle and then the judge awards the child wishes? I know what is best for child thing but lets say both homes/parent are equal

Let's turn this around.

If the 14 year old is able to make the actual decision himself, what are you going to do when he gets sick of doing chores and wants to live with the other parent?

There's a really good reason we don't allow minors to make these decisions.

[llworking]

Here are the best interest factors for Michigan:

722.23 “Best interests of the child” defined.


Sec. 3.

As used in this act, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.

You will see that the child's preference is one of MANY different factors that a judge must consider when deciding custody. Its very important that you take note of the first sentence.