Columbus, OH asked in Child Custody for Michigan

Q: How old does a teenager have to be to have a say in if she wants to go to her dad's or not. She doesn't want to see him.

My daughter has came to the conclusion that she doesn't want to see her father anymore because she is tired of being lied to.

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2 Lawyer Answers
Neil Colman
Neil Colman
Answered
  • Divorce Lawyer
  • Clinton Township, MI
  • Licensed in Michigan

A: There is no age. Courts will not allow a child to control the issue. The courts willing give more credence to the comments of a 16-17 year old than to those of a 8-10 year old.

Brent T. Geers agrees with this answer

1 user found this answer helpful

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: I'd also add that the court always and forever looks to the best interest of the child factors. A court may decide to inquire about the child's preference, but that inquiry is couched within the best interest factors. A court may go against a 16 year old's wishes if it becomes clear that the desire to switch homes is fueled by the child thinking that he or she can get away with more things at the other home, for instance.

Bottom line: if a court isn't convinced that a move is in the child's best interest, it doesn't matter how old the child is or what his or her preference is.

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