Q: My 13yr old son no longer get wants to live primarily with his mother. Can he decide where he'd like to live?
Is he old enough to decide which parent he'd like to live with at 13? And what do I need to to to get him to the proper legal channels?
A: A 13 year old is not old enough to determine where they want to live. The court will often times ask them where they want to live, and importantly, the reasons why. If you want the court to weigh in you have to file a petition to modify custody and go to court.
A: Children do not decide where they reside, however the older a child is the more weight is attached to his/her position. The proper means of changing custody is to file a petition for modification. It is best to consult with a lawyer before filing anything with the Court to ensure that you are taking all appropriate steps to put yourself in the best position before the Court.
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