Minnesota criminal law, criminal defense, Divorce, custody, Lawyers

Child Custody: Children's preferences 
 


Search
Go


 General Info



About this Site


 ASK-A-LAWYER



Ask-A-Lawyer: Questions


 BUSINESS



Business & Corporate Law


Minnesota Franchise Law


Freedom of Information Act


 CRIMINAL DEFENSE



Criminal Defense Center


DWI Center


 DIVORCE



Minnesota Divorce


Collaborative Law


 ESTATE PLANNING



Estate Planning Center


 JUVENILE LAW



Minnesota Juvenile Justice Center

Minnesota Lawyers  
Ofc. 612.240.8005  
Suite 700  
5775 Wayzata Boulevard  
St. Louis Park, MN 55416  

maury@beaulier.com  


Sitemap





Google

Copyright Articles 1996 - 2013 - All Rights Reserved

When can a child decide where they will live?
custody lawyers, custody attorneys, custody laws, custody evaluations

Call (612) 240.8005 for professional representation in your custody case

Minnesota Divorce Institute

Divorce Bulletin Board
Ask a question or review postings on our Family Law Bulletin Board

 


RECOMMENDED READING

What Every Woman Should Know About Divorce and Custody.

Average Customer Review: 4.6 out of 5 stars

The Child Custody Book : How to Protect Your Children and Win Your Case.

Average Customer Review: 4.6 out of 5 stars

Child Custody Made Simple

Conducting Scientific Custody Evaluations

Beyond the Best Interests of The Child

As lawyers we are often asked when a child can decide where  they will live.  Often non-custodial parents count on being able to change custody when their children decide that they wish to live with them.  The short answer to the question is that, technically, children never have the final say with regard to custody.  Instead, children who are deemed of suitable age and maturity by a court to express a preference my do so, but their opinions are just one factor among many that a court must consider. 

However, case law has given some added strength to  the desires of children with regard to custody.  In the Minnesota Court of Appeals case Ross v. Ross, 477 N.W.2d 753 (Minn.App. 1991), the court states that the preference of an "older teenage child" can be compelling.  Specifically, the court stated that an older child's desires should be considered as an  "overwhelming consideration" with regard to custody placements.  The court does not specify an age where the child's desires become an "overwhelming consideration."  However, most courts appear to only give great weight to children who are approaching the age of emancipation or, younger children, if their desires also lad to the possibility of conflict in the current custodial home or the thereat that the child m ay run away from that home.  As some district court Judges have opined, at some age children may begin to vote with their feet. 

Ultimately, although a Court may give greater weight to the desires of an older child, that preference is still not dispositive and the court must still analyze whether there has been a threshold showing for a change of custody such as endangerment and whether the change of custody is in the child's best interests.  It is also critical to note that such stated preferences of a child  will also be analyzed to determine if the stated preference is the product of manipulation by a non-custodial parent.

For legal representation call 612.240.8005
 






About this Site  |  Ask-A-Lawyer: Questions  |  Business & Corporate Law  |  Minnesota Franchise Law  |  Freedom of Information Act  |  Criminal Defense Center  |  DWI Center  |  Minnesota Divorce  |  Collaborative Law  |  Estate Planning Center  |  Minnesota Juvenile Justice Center

LEGAL SOLUTIONS FOR BUSINESS AND FAMILY

Any information contained on this site is general in nature. You should not rely on any articles, postings or other information on these pages as legal advice or to create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact an attorney in your state.

Any Lawyers referred have indicated the geographic area and the areas of law in which they will accept referrals. This site makes no investigation into the referral attorney's particular abilities to handle the Client's legal matter. Before employing the attorney, the Client should interview the attorney and make whatever investigation the Client feels is appropriate into the attorney's qualifications to handle the Client's legal matter.

Minnesota Lawyers


Sign In

 Sign In