Custody question
  • BirdieBirdie
    Posts: 2,377Member
    Is there an age of consent where a child can choose which parent they live with if the parents have joint custody? If anyone knows or has experienced this, please let me know!

    SMSM_s_5

  • In Washington it's 12 but not sure about other states, and then you go in front of a judge and they make sure it is obviously a safe stable environment. Fairly easy at least in Washington.
  • bendorbreak bendorbreak
    Posts: 494Member
    In PA i think its a 13. But the judge still makes the final decision. The court is supposed to take the childs wants into consideration.
  • UnrestMomUnrestMom
    Posts: 92Member
    There is no age in Wisconsin. The childs wishes are one of of like 17 things the GAL and Family Court Counselor take into consideration when deciding what is the best interest of the child.
  • stinkersmommystinkersmommy
    Posts: 1,887Member
    Depends on the state if there is one its usually between 12-15
  • BirdieBirdie
    Posts: 2,377Member
    Dss is 12. Asked if he could come live with us because his mom is bipolar and always yelling at him and threatening him. My heart is broken for him. He had been with us for 4 days and when I brought him home and dropped him off his mom didn't even love on him, just told him to clean something and she left.

    SMSM_s_5

  • DemandaDemanda
    Posts: 5,920Member
    I'm not sure, but could you petition for custody? Or would that maybe make it tougher on him? He's certainly old enough to present his case to the judge or whoever.
    I was 15 when I decided and was old enough here to make that call, but it's probably different in the US.
    "The truth will set you free. But first, it will piss you off." ~ Gloria SteinemPhotobucket
  • SammieSammie
    Posts: 8,345Administrator, Moderator
    I think, if that's the situation, maybe your husband could talk to your lawyer? You have a lawyer from the previous custody issues, right? If he's 12, then his opinion counts and if you believe him that his situation is not good, then it is worth looking into further. Just make sure this is what he truly wants, so your efforts do not backfire.

    Also, the custody arrangement you currently have is legal and binding, right? I fear that if it isn't, she may prevent you guys from seeing Dss when this comes to light.

    community-manager


  • BirdieBirdie
    Posts: 2,377Member
    @sammie we are contacting the lawyer. We do have court appointed joint custody. We are being very quiet about it until we know for sure what we can do. We know that he is not in a good situation. Just waited for the time that he asked for this instead of doing it on our own.

    SMSM_s_5

  • KiinuKiinu
    Posts: 1,233Member
    It's officially 14 in MA, but I know that they make exceptions.
  • CanadianMamaCanadianMama
    Posts: 10,374Administrator, Moderator
    According to this website, in Louisiana if the child is 12 or older their preference will be considered. 


    community-manager


  • SammieSammie
    Posts: 8,345Administrator, Moderator
    That's perfect, Birdie! I thought you had a lawyer already and that will def make the process easier for all of you. I hope things work out! You're both great parents for listening to him and what he wants. Wishing you the best!

    community-manager