Q: In the state of Alabama can a child under 12 tell a judge if they want to live with someone who is not their family.
Because of being in a bad family situation and DHR keeps being called. And the person they want to live with is the ones taking care of them.
A:
Let's address this silly old saw. There is not an age when a minor gets to decide who to live with. It does not matter what uncle Billy (whose girlfriend is a paralegal) told you. A minor never gets to make that decision. In probate law, a minor must consent to a divorce when older than 14. A court can receive testimony from any person who is 1) knowledgeable about the facts testified to, 2) able to communicate effectively and 3) able to tell the truth from a lie.
In answer, the child never decides the Court decides -- based on the best interest of the child.
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