The child's maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard. Cloudflare Ray ID: 603ac896abfc0564 • If the evidence makes the judge believe that your aunt should be your guardian, then the judge will issue an order to that effect. Your IP: 204.48.26.148 The only reason this wouldn’t apply is if there’s a Court Order stating that a child must remain with a certain parent until a certain time. Third parties may be able to obtain custody if both parents are unable or unwilling to care for the child. Q: How can the only living parent get custody of his child back. • Illinois child custody laws stipulate that children 14 and older may choose which parent to live with, but the judge may overrule this decision if he or she determines the child's decision is not in his or her best interests. In many cases, a client who is seeking custody, whether the client is a biological parent, adoptive parent, grandparent, or other interested person, wants to know if the child can tell the judge who they want to live with or at what age the child can decide whether or not they want to live with, or visit, the other party seeking custody. If she does not provide your child at the agreed place and time, then she can be held in contempt. Many parents tell me their child … Whomever you choose, be sure that person is mature, good-hearted and willing and able to assume the responsibility. A child's preference in custody and Family Code 3042. If your child is very young, courts will not ask your child for their preference on who they want to live with. There are two kinds of custody in Oklahoma: physical and legal. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. When can my child decide which parent to live with? If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Where parents are making the decision about where a child is to live they are able to choose whether the parent or the child makes the decision. In this article, we will discuss a child's preference in custody, how a child chooses with which parent to live and when the child can make such a choice. Cloudflare Ray ID: 603ac899fb73f029 A child 12 years or older can state a preference for which parent he or she wants to live with so long as the following criteria are met: each parent is fit to have custody of the child; each parent can adequately provide for the child’s care and maintenance, and; it’s in the child’s best interest for the child to live … But that just makes a bad situation. Legal custody refers to a parent’s right to help make important decisions on behalf of the child, including medical, educational, cultural, and religious matters. Being a child of parents that are divorced or separated is tough. Sometimes, a child may want to live with a parent because they are perceived to be more lenient. You may need to download version 2.0 now from the Chrome Web Store. My sister left the father of her children a couple of years ago and married another man. • Divorces can be ugly, and the division of parenting rights and responsibilities can be even uglier. 2 The term “qualifying child” is covered in Tab C, Dependents. In another case, a 17 year-old girl stated that she wanted to stay with her aunt and uncle (with whom she had lived since she was five years old). It is up to individual parents to decide at what age they allow the child to make the decision about where they wish to live. Related Article: Options If Denied Parenting Time Over Owed Child Support. Yes, it is possible. In some states, custody may be modified at any time. However, as your child gets older and more mature, courts have the discretion to ask them to choose who they prefer to live with. Her oldest child, my niece, is having an awful time as her step father will not accept her and seems to want to do nothing but make her life a misery and it is ruining her self confidence. In some States, a child can choose which parent to live with at age 14. Short answer is yes (understand however, that these are not easy to win), if the court determines, in the best interest of the minor child, that the third person (the aunt) is truly the best person under all the circumstances who should be raising a 14 year old boy. You are not able to just "choose" who you want to live with, however your grandparents or aunt could petition for custody, or legal guardianship of you. By doing this they would be able to enroll you in school and take care of your healthcare needs etc. But, there are hardly sufficient details for me to provide you with constructive guidance in that area. Footnotes 1 A person can’t qualify more than one taxpayer to use the head of household filing status for the year. 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