Can a 12 year old decide which parent to live with in Minnesota?

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.

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Minnesota Responsive Notice of Motion and Motion to Establish Child...

Minneapolis Minnesota Responsive Notice of Motion and Motion to Establish Child Custody and Parenting Time

Name: Minneapolis Minnesota Responsive Notice of Motion and Motion to Establish Child Custody and Parenting Time
Brand: US Legal Forms
Rating: 4.57 (225 reviews)

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Minnesota Family Law - Child Custody and Visitation - Parenting Plans

State:

Minnesota

City:

Minneapolis

Control #:

MN-CHC202

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This is an official Minnesota court form for use in a family case, a Responsive Notice of Motion and Motion to Establish Child Custody and Parenting Time. USLF amends and updates these forms as is required by Minnesota Statutes and Law.

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In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

Fortunately, noncustodial parents do, indeed, have the right to fight for time with their child or children, and courts have been in favor of granting visitation rights to both parents, based on the presumption that it is often better for children to see both their father and mother on a regular basis.

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.

The court can limit parenting time for the noncustodial parent to less than 25% if it is likely to harm the child's physical or emotional health or emotional growth. It can also limit parenting time if the noncustodial parent breaks the court's order on parenting time without a good reason.

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.

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.

There's no specific age when a child is old enough to have a custodial preference, but it's somewhat rare for a court to consider the opinion of a child less than seven years old. It's not unusual for an eight-year-old child to have an opinion that impacts the custody decision.

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Child custody can be modified in Minnesota, but parents should know that the process and criteria that must be met can prove difficult. How do I know if paternity has been established?UNK the , . Judges rarely grant such motions.

Minneapolis Minnesota Responsive Notice of Motion and Motion to Establish Child Custody and Parenting Time

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