However, there are circumstances in which aunts and uncles could possibly get custody of a child. In another case, a 17 year-old girl stated that she wanted to stay with her aunt and uncle (with whom she had lived since she was five years old). The two children wanted to live with their aunt, rather than their mother. There are two kinds of custody in Oklahoma: physical and legal. At what age can a child decide where they want to live? The court may choose to hear the preference of a child … Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. However, as your child gets older and more mature, courts have the discretion to ask them to choose who they prefer to live with. In some States, a child can choose which parent to live with at age 14. In many cases, a client who is seeking custody, whether the client is a biological parent, adoptive parent, grandparent, or other interested person, wants to know if the child can tell the judge who they want to live with or at what age the child can decide whether or not they want to live with, or visit, the other party seeking custody. But, there are hardly sufficient details for me to provide you with constructive guidance in that area. Sometimes, a child may want to live with a parent because they are perceived to be more lenient. Cloudflare Ray ID: 603ac899fb73f029 If a child is a qualifying child of both the parents, generally, only one parent can claim the child as a qualifying child for all of the child-related tax benefits: EITC, dependency exemption, child tax credit, head of household filing status, credit for child and dependent care expenses, and the exclusion for dependent care benefits. • My sister left the father of her children a couple of years ago and married another man. A parenting plan generally recognizes the following: Courts also consider your child's age when ruling in a custody case. You are not able to just "choose" who you want to live with, however your grandparents or aunt could petition for custody, or legal guardianship of you. Brothers or sisters of the parents have no inherent custody rights regarding their nieces or nephews. The child's maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard. You may need to download version 2.0 now from the Chrome Web Store. If she does not provide your child at the agreed place and time, then she can be held in contempt. Performance & security by Cloudflare, Please complete the security check to access. Grandparent Custody When Both Parents Are Alive Child custody laws vary by state, but in general, when both parents are alive, the court prefers to place the child with one or both of the parents. Legal Child Custody Find Alternative & Affordable Help for Family Law Problems BBB Accred. Her oldest child, my niece, is having an awful time as her step father will not accept her and seems to want to do nothing but make her life a misery and it is ruining her self confidence. Another way to prevent getting this page in the future is to use Privacy Pass. Once a child reaches the age of 16, he/she is legally allowed to choose which parent to live with. Where parents are making the decision about where a child is to live they are able to choose whether the parent or the child makes the decision. Many parents tell me their child … Note: If you are a noncustodial parent, the term “qualifying child” for head of household It is up to individual parents to decide at what age they allow the child to make the decision about where they wish to live. Divorces can be ugly, and the division of parenting rights and responsibilities can be even uglier. Please enable Cookies and reload the page. By doing this they would be able to enroll you in school and take care of your healthcare needs etc. This also depends on whether there is a custody order. A child's preference in custody and Family Code 3042. The court decided that the children’s age, along with their emotional immaturity meant that their preference should not be a factor in the custody decision. Illinois child custody laws stipulate that children 14 and older may choose which parent to live with, but the judge may overrule this decision if he or she determines the child's decision is not in his or her best interests. Q: How can the only living parent get custody of his child back. Being a child of parents that are divorced or separated is tough. The only reason this wouldn’t apply is if there’s a Court Order stating that a child must remain with a certain parent until a certain time. The laws relating to a child's preference for his or her custodial residence vary by state. In this article, we will discuss a child's preference in custody, how a child chooses with which parent to live and when the child can make such a choice. When a family splits up because of a divorce, the child's mother and father are not the only family members affected by the separation, and the family court system typically does not consider aunts and uncles when they decide visitation rights. Another way to prevent getting this page in the future is to use Privacy Pass. Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. For obvious reasons, you should first consider an adult with whom the child already has a close relationship—a stepparent, grandparent, aunt or uncle, older sibling, babysitter, close friend of the family or even neighbor. Q. I hope you can help. During the course of these proceedings, evidence will be presented as to who should be your legal guardian. A grandparent’s visitation rights survive the adoption of a child by a stepparent or by the child’s grandparent, sibling, aunt, uncle, niece, or nephew. It is important to look at the overall picture before making any decisions. Yes, it is possible. • If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. In some states, custody may be modified at any time. You have to deal with parents who don’t get along, and you are often sent back and forth between each parent. A grandparent may do so if the child’s mother or father is deceased, if the child’s parents were divorced in Indiana, or if the child was born out of wedlock. For example, there may be a Residence Order or a Child Arrangement Order in place. Related Article: Options If Denied Parenting Time Over Owed Child Support. If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. A child’s preference can also result in someone other than the parent receiving custody. Though it is rare, the court will hear from a child under 7 years, and a child as young as 5 or 6 years of age may be heard. However, the judge may choose to interview the child outside the presence of the parents. If there is a custody order in place, that order would need to be modified. Family Code Section 3042 requires the Court to consider and give due weight to a child’s preference regarding custody if the child is of sufficient age and … A child 12 years or older can state a preference for which parent he or she wants to live with so long as the following criteria are met: each parent is fit to have custody of the child; each parent can adequately provide for the child’s care and maintenance, and; it’s in the child’s best interest for the child to live … If your aunt and uncle really want you to live there because your mother is an "unfit mother" then they must go to court to fight for total custody of you. Whomever you choose, be sure that person is mature, good-hearted and willing and able to assume the responsibility. you can’t claim him or her as a dependent not a qualifying person. Third parties may be able to obtain custody if both parents are unable or unwilling to care for the child. Your IP: 204.48.26.148 If your child is very young, courts will not ask your child for their preference on who they want to live with. When the mother of the child died he lost all touch with reality and the aunt of the child took custody he has since came back to reality and wants nothing more than to have his child back how can he get the child back from the aunt Aunts and uncles are in the same position as grandparents when it comes to custody rights. Can a child of 13 and wants to live with aunt and uncle, not father decide this in nevada My nephew wants to live in Ca. Your IP: 64.34.217.23 You should contact an attorney who specializes in that area. Cloudflare Ray ID: 603ac896abfc0564 • the custodial parent has died, and the surviving parent is unfit or unwilling to take custody of the child; the child has been living with a third-party individual for a long period of time, or; both parents have voluntarily relinquished their rights to the child. 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