1. When does a child get to decide where he or she wants to live? In Maine, the legal answer is eighteen. Until the child reaches the age of majority, the parents are still responsible for parental rights and responsibilities for that child, including what the child’s residence will be.
Legally, Your Child Can Refuse Visitation at Age 18
When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
A child refusing to follow the visitation order may lead to California Courts changing your child custody arrangement. The relationship between a parent and child is one factor the Court considers when making child custody determinations. … The first step in changing child custody is to file a Motion with the Court.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.
The mere age of your child will not determine your family law matter. … In other word’s, the child’s reasons for their decision were not deemed mature and appropriate. In other circumstances a 13 or 14 year old’s wishes may be given significant weight if they are expressed in a well thought out and mature manner.
In general, young children should not be given the choice of where they want to live. This can even lead to a child regretting their decision or feeling guilty. Depending on a number of relevant factors, including the child’s maturity level, a child’s preference becomes more important by about age 12 to 13.
At what age can a child decide? In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
Each family is unique and reasonable access for fathers depends on the individual circumstances. Some fathers see their children every day, while others might see them just once a month. Parents might share responsibilities and alternate weekend contact, or some fathers may have weekend contact every week.
There is no ‘Magic Age‘
There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision.
The Family Law Act does not stipulate a specific age a child must be in order for their wishes to be taken into consideration. … The wishes of a child under 10 years old is unlikely to be considered, as it will not be apparent to the court whether it is the child’s views or a parent’s view expressed through the child.
A child is ready to make their own decisions at 18 years old in most states, from a legal perspective. Developmentally, a parent should let their child make age-appropriate decisions as they demonstrate capacity, judgment, and maturity.
Minors also have rights under the U.S. Constitution. Specifically, they have the right to equal protection, which means that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion.
A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.
There is a common misconception that in Family Law parenting disputes about with whom a child will live, a child will have the deciding vote when they reach the age of 12. This is not the case.
The laws governing a child and his or her right to choose which parent with whom to reside are far from settled. In fact, laws vary widely from state to state. Many states have started to consider a child’s stated preference for the parent with whom the child wishes to reside when the child reaches 12 or 13.
The answer is simply: according to the law, eighteen. However, dissolution of marriage statutes provide that the child’s wish as to where s/he will live is a factor to be considered by a court in making a custody decision.
What is 50/50 physical custody? With 50/50 physical custody, each parent spends an equal amount of time with the child. Since this arrangement requires a lot of cooperation between parents, judges won’t approve it unless they believe it will work and is in the child’s best interest.
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent’s consent can be held against you in court if that action was not reasonable.
The simple answer is no, you have no right to know where he is. I can say this for certain as I had to take my ex to court to get her to disclose her address (shared residency at that time), because my case was unusual and the mum has a chequered past the court ordered her to disclose.
The General Rule
A parent cannot stop the other parent from seeing the children, except in rare situations. … A parent refuses to pay child support. A parent is sometimes late picking up or dropping off the children (according to what a custody agreement or a court decision says).
Controlling Who Is Around Your Child
You may or may not be able to stop the other parent’s significant other from being around your child. In general, you do not have the power to dictate which adults are around your child when they are with the other parent.
Fathers’ rights can include a father’s right to parenting time with his children, the right to be consulted before adoption, and the right to time off from work to raise his child. FindLaw’s Fathers’ Rights section has the information you need to understand a father’s rights in relation to his children.
The law states that parents are entitled to “reasonable access” to their children. Unfortunately, there is no one-size-fits-all approach to this — every family is unique and what is reasonable for one family will seem extraordinary to another.
Filing the Petition
Before an unwed father can get legal visitation rights, he usually has to file a petition with the family court in the county where his child resides. This petition states that he is the father of the child and that he is seeking visitation or custody of the child.
A 14-year-old is still a minor, just like a younger child and regardless of whether she might be very mature for her age. Minors have no legal right to contract, vote, make legal decisions for themselves, or even hold jobs in some states depending on how old they are. They cannot legally own property.
There is no legal age for when you can leave home. However if you are under 18 years of age and there is a: Court Order which says who you must live with or. if you are on a Child Protection Order.
Children and the Fourth Amendment
The Fourth Amendment, which protects persons from unreasonable searches and seizures from government interference, provides that children have a legitimate expectation of privacy in areas in which society deems as reasonable.
Shelter, food and clothing are all basic rights that teens have. Of course, this doesn’t mean that a teen has the right to the newest styles at the mall. A teen’s right to clothing involves only what is necessary to protect him/her from the elements. A teen also has the right to be loved.
A mother cannot legally take away the child from their father with a few exceptions because it is in the child’s best interests to enjoy the presence of both parents in his or her life. … Most judges decide such matters based on the child’s best interests, but unfortunately, some of them might get biased against fathers.