At What Age In NC Can A Child Choose Which Parent To Live With?

Can a 14 year old choose where they want to live?

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.

That time is not attached to any specific age, but is rather the product of maturity and a level of independence..

Can a child choose not to live with a parent?

If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. … In some states, custody may be modified at any time. Oftentimes, a custody determination and/or subsequent modification must be made based on the best interests of the child.

Can a 9 year old decide which parent to live with?

Although a child’s wishes are one factor among many the court must consider in determining the child’s best interests, a minor child never gets to “decide” which parent to live with.

At what age will a judge listen to a child?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

What age can a child make their own decisions?

18 years oldA 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.

Is NC A 50/50 custody State?

A trial court can award equal custody to both parties, or grant one party primary custody and the other visitation privileges. In actuality, North Carolina judges rarely award a 50/50 split of time that a child resides with each parent.

Can a 12 year old have a say in 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 …

At what age can a child decide they don’t want to see a parent?

The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.

Do mothers have more rights to child custody than fathers?

However, it remains a common misconception that mothers have more rights than fathers. In fact, if each parent has parental responsibility for a child, their rights and responsibilities are equal. … The paramount consideration of the court is the child and their best interests.

At what age can a child refuse to see a parent in NC?

The age of majority in North Carolina is 18 years old and this means your child custody order governs visitation until a child turns 18 or is emancipated. Custody orders are for a child’s benefit—not a parent’s. One parent can’t prevent visits between the child and other parent.

At what age will a judge listen to a child in NC?

If a child is old enough and mature enough — and usually that’s in the 10, 11, 12 age range — then the judge will hear from the child.

What makes a parent unfit in NC?

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Can an 11 year old choose which parent to live with?

They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with. Depending on the jurisdiction in which you live, the age of your child may matter only in terms of the weight a judge might give to a child’s preference, should he or she have one.

How does a judge determine best interest of a child?

The child’s best interests are both long-term concerns and short-term concerns and they include the consideration of the child’s physical and emotional well being and their health, financial, educational, moral, cultural and religious interests.

What happens if a child doesn’t want to live with either parent?

Talk with a Legal Representative In addition, your child may be able to tell the court that he/she doesn’t want to live with you, but that doesn’t mean the court will rule in his/her favor. Instead, your child’s wishes will simply be recorded, but no change will be done in a legal setting.