Choosing which parent to live with

The Law by Topic. Choosing Which Parent to Live With. You have the right to give your opinion. Here are some ways you can do this: Talk directly to your parents. Get your own lawyer, who will speak for you. Judges also realize that most children of 14, 15 and 16 have an increasing ability to signal their displeasure over unsuitable living arrangements by acting out and even running away.

Can my child choose which parent they want to live with? Take the Next Step. A Child's Opinion Is Only One Factor The goal in every custody case is for the court to evaluate what is in the child's best interest in deciding custody and parenting time. For example, most states evaluate: the love, affection, and relationship between the child and each parent each parent's ability to provide the child with food, clothing, and a safe home the health and mental wellness of each parent and the child each parent's willingness to facilitate a relationship between the child and the other parent whether there is a history of domestic violence or child abuse how long the child has been in a stable home and the parent's desire to continue that arrangement each parent's preference the child's age and individual needs whether either parent has a history of drug or alcohol abuse if there's a history of either parent interfering with the other's parenting or visitation rights each parent's moral fitness, and the child's educational, social, and community record.

Why Children Can't Decide Custody Children dealing with divorcing or separating parents already have enough to worry about knowing that their parents are no longer living together.

For example: a child may choose to live with the parent who has more money, a nicer vehicle, or a bigger home the child might be torn and decide that living with the parent who needs the child is important, even if that parent isn't prepared to care for the child full-time a child may choose to live with the "Disneyland" parent because that parent provides gifts, vacations, or large allowances during parenting time, or the child may want to live with one parent over the other because one parent alienated the child from the other during the divorce.

Work Together In nearly every custody case, the best option is for the parents to come together and create a parenting plan that benefits everyone the family. Considering Divorce? Zip Code. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Talk to a Lawyer Need a lawyer? How do you decide who a child lives with after a divorce? What if both parents agree? What if parents cannot agree?

These options should be considered before any court application is made. Family Court Practice, The. View product. Family Law Webinars. Order the edition. How can mediation help? What happens if you go to court?

Child arrangement orders If necessary, you can make an application to the court for a child arrangements order. Residence orders If you have an order that states that the children live with you formerly known as a residence order this also means that you are able to take the children out of the jurisdiction of England and Wales for a period of up to 28 days without having to obtain the consent of the other parent.

Is this process different between married and unmarried parents? The court must then consider whether it would be appropriate for a parental responsibility order to also be made. Related Articles Court orders change in living arrangements for a child following parental alienation. Authors: Jenny Bowden. Wrongful removal and retention — rights of custody.