At what age can children decide to live with a different parent after divorce?

I am curious as to what age they may make a decision on their own. Does this vary by state? If so does anyone know about Michigan? I believe it is 16 there but am unsure.


Thanks in advance.At what age can children decide to live with a different parent after divorce?
Hi Sharron.. It took a while to find the answer I was looking for. This is taken from the Michigan Statutes. Sub section I tells you.





The following factors to be considered, evaluated, and used by the court to determine what is in the ';best interests'; of the children when establishing a child custody order: (a) The love, affection, and other emotional ties existing between the parties involved and the child. (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any. (c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs. (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity. (e) The permanence, as a family unit, of the existing or proposed custodial home or homes. (f) The moral fitness of the parties involved. (g) The mental and physical health of the parties involved. (h) The home, school, and community record of the child. (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child. (l) Any other factor considered by the court to be relevant to a particular child custody dispute. (Michigan Compiled Laws - Section: 552.16 and 722.23)





I did not think that was very clear so I looked on this site.





http://www.yourmichiganlawyers.com/FAQs.鈥?/a>





This is from that site.





How old before my child can choose who he/she lives with? Contrary to popular belief, in Michigan the child must be an adult, age 18, before he/she can decide with whom they will live. Although the reasonable preference of the minor child is one of the 鈥楤est Interest of the Child Factors鈥? the Court takes that factor in consideration as equally as the other factors. So, while the preference of the child is taken into consideration, it is not given any more weight than any other factor. Practically, however, most police departments in Michigan will not enforce the return of a 16 year old to one parent when that 16 year old is with the other parent. See our Custody/Visitation page for more information.





Hope this helps. Good Luck.At what age can children decide to live with a different parent after divorce?
I agree I think its 14. But going into court and trying to change the custody set up, is usally not granted by the tween simply wanting to live with the other parent. Usually changes in circumstances are what are factored and they may ask the tween if they have a preference, but they do not have to ask, or take that into account. Stability in their life is more important, next week the kid could want to move again, round and round and courts do not put up with that mentality or proceedings.
In most states the age is 12 years old. but in most cases the court won't ask the child because the court doe's want to put pressure on a child. because the child loves both parents equally. Its the judges final decision. the court may decide who the child may live with.
A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With?


http://cabaraoke.newsvine.com/_news/2008鈥?/a>
i'm separated and ask my twelve yr son if he wanted to live with me or the ';ex';. he chose to live with me. And my two daughters will live with the ';ex';so maybe just asking will do. but for most states it's 14 yrs.
I think it varies by state. I live in Georgia and my step-son could decide to live with us when he was 14. I am not sure about other states, but any state official or lawyer should be able to tell you.
I live in Alabama and it is 12. The only way to know for sure is to contact an attorney
14 in most cases.