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Can younger children decide where they want to live? Children ages 11, 12, 13 & 14 may also be given significant influence over Rhode Island Child Custody, Visitation and Relocation cases.
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
A Guardian ad Litem, commonly referred to as a GAL, is a person appointed by the Court to investigate the facts of any proceeding pending in the court relating to or involving questions as to the care, custody or maintenance of minor children and as to any matter involving domestic relations.
Whether the court will assign a GAL to your case before the temporary hearing depends on your child custody and placement status and the purpose of the temporary hearing.As a practical matter, the court usually follows the GAL's recommendation, but that is not true in all case.
First Impressions at the GAL Office. As the saying goes, You never get a second chance to make a first impression. This is definitely the case with a GAL. First Impressions at the Home Visit. Don't Put the Child in the Middle. Be Honest. Stay In Touch.
Children are only allowed to choose which parent to live with after they have attained the age of majority at 18. Child custody laws in Alaska do allow judges to take a child's preferences into account as one factor in their determinations, but only when considered in conjunction with many other factors.
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
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
Often, though not always, the judge does agree with the guardian ad litem. Generally speaking, guardians ad litem are really well respected, and they're an important part of a custody case.Guardians ad litem are attorneys, too, but they're trained to deal with kids.