Contrary to popular belief, there is no age in Michigan when the child can unilaterally decide which parent to live with other than after age 18. The preference of the child, however, is one of the many considerations that the judge will consider when making decisions regarding child custody or parenting time.
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Same, can a 10 year old decide not to see a parent?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
As it, at what age can a child decide not to see a parent? If a child is at least 14 years old, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental. Those children may address the court unless the court finds that their participation is not in their best interest.
Either, what age can a child say where they want to live in Michigan?
In Michigan the child must be an adult, age 18, before he/she can decide with whom they will live.
Can a child choose not to visit a parent?
Children over the age of 16 can refuse to visit the noncustodial parent. The only exception to this is if there is a court order stating otherwise.
20 Related Questions Answered
A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.
Encouraging VisitationRemember your role as a parent. Keep in mind that you are the one calling the shots, not your child. ... Talk to your child about why they don't want to go. ... Get your co-parent involved. ... Make parenting time transitions as smooth as possible.
In the majority of states, including Texas, children under the age of 18 cannot legally make the decision themselves whether or not to see their parent.
There is no 'Magic Age' There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision.
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.
While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.
Generally speaking, a judge will take the time to interview children between the ages of 9 and 17 to find out what their preferences are when it comes to living arrangements and child custody. There's no telling how strongly this preference will factor into the judge's decision, though.
There is no legal age in Michigan that applies to this situation other than age 18.
The legal answer may be "yes" even though the ethical answer could be "no" in some situations. Under the law, each parent must follow a custody order exactly. ... However, obviously parents may have less control over a teenage child who is refusing visits.
If children are old enough—usually, older than 12 or so—a judge may talk to them to find out their preferences about custody and visitation. Some states require courts to consider kids' views, but others disapprove of bringing the kids into it at all.
- It's your right to know your family.
- It's your right to know why you're in care.
- It's your right to feel safe and be treated with respect.
- It's your right to ask for help.
- It's your right to be happy.
- It's your right to be involved in planning your future.
The mere age of your child will not determine your family law matter. ... In other word's, the child's reasons for their decision were not deemed mature and appropriate. In other circumstances a 13 or 14 year old's wishes may be given significant weight if they are expressed in a well thought out and mature manner.
There is a common misconception that in Family Law parenting disputes about with whom a child will live, a child will have the deciding vote when they reach the age of 12. This is not the case.
The laws governing a child and his or her right to choose which parent with whom to reside are far from settled. In fact, laws vary widely from state to state. Many states have started to consider a child's stated preference for the parent with whom the child wishes to reside when the child reaches 12 or 13.
What is 50/50 physical custody? With 50/50 physical custody, each parent spends an equal amount of time with the child. Since this arrangement requires a lot of cooperation between parents, judges won't approve it unless they believe it will work and is in the child's best interest.
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent's consent can be held against you in court if that action was not reasonable.
In the end, courts can force people to do things, but they can't force people to want to do things. The answer to the question, therefore, must still be: no, the courts cannot force a parent to see a child.
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Factors Judges Use to Determine if a Parent is Unfit The safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol.
Parental kidnapping is a serious crime under Michigan law. The Parental Kidnapping Prevention Act is found in: Michigan Compiled Laws 750.350a, prohibits a parent from taking a child for more than 24 hours with the intent to conceal the child from the other parent.