The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.
18-Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.
There is no specific age when this could happen but it would be very unusual for a child under 12 to demonstrate that they have sufficient understanding.Jul 16, 2019
You can allow your child to make this decision for themselves. This is your choice as a parent; there's no set age that determines when a child is allowed to say where he/she wants to live. However, a child is not legally entitled to choose who to live with until the age of 16.Feb 24, 2020
Children aged 12 or over are usually considered to be old enough to know what they want. The judge can decide to listen to the children, or the judge can decide for the children. The only principle the court has to consider is what would be in the best interests of the children.
Do I have to pay the lawyer? Children who become involved in a case going to court are nearly always entitled to legal aid, which means you do not have to pay for a lawyer.
12Most children wouldn't want to go to school if they could possibly avoid it, but parents have to make them go because it's best for them. It's a similar idea. From the age of 12, a child is presumed to be old enough to be able to instruct their own solicitor.
You can usually have your own lawyer if you are 12 or over. These are not strict rules though. You will usually be able to instruct a solicitor as long as the solicitor thinks that you understand what a solicitor does and you understand the problem you need help with.Sep 19, 2017