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The court will disregard a child's preference if it appears that it's the result of parental pressure. The court will consider the child's preference if the judge believes the child is mature enough to express a reasonable, independent, and reliable preference.
In Michigan the child must be an adult, age 18, before he/she can decide with whom they will live. Although factor 9, listed above, considers the reasonable preference of the child, it is only one factor evaluated among the others, and it is not the deciding factor.
In Minnesota, fathers generally have the same legal rights to custody of their child as mothers do. However, unmarried fathers must first establish paternity, also referred to as parentage, before being considered a child's legal father.
No. The ROP does not automatically give the father any right to custody or parenting time (visitation). But it does give him the right to ask a court for custody or parenting time. After signing a ROP, the mother continues to have sole legal and sole physical custody of the child.
There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors. One of the twelve factors is the reasonable preference of a child depending upon his or her age and maturity.
In Minnesota, there is not set age limit on when a child can decide which parent to live with. The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
Under MN law, the child's preference is one of the factors the court will consider when deciding custody, but it is not the only factor. There is not a specific age listed in the law, so it is up to the judge to decide whether the child(ren) is old enough and mature enough to make a choice.
An unmarried father does not have a right to custody or parenting time until paternity is established. An unmarried mother has sole legal and sole physical custody of the child until a court order says differently. Only a legal parent can ask the court for custody or parenting time.
Minnesota's family and divorce law isgender neutral. In order to have legal rights concerning a child, the biological father must first establish paternity. There are two common ways to establish paternity and preserve your rights as a father: through a court order or by signing a Recognition of Parentage.
3. the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference; Contrary to common belief, in Minnesota there is no particular age at which a child gets to decide which parent he wants to live with.