Legal Question in Family Law in Connecticut

Re: What Age Can Child can choose where to live

You can request that the court appoint an attorney to represent your son. An attorney, rather than a guardian ad litem, (who is also an attorney)is required to advocate your son's wishes. Since your son is 13 years old, a court may be more inclined to appoint an attorney rather than a guardian ad litem, who, by the way, must advocate your son's best interests as opposed to his wishes.

Re: What Age Can Child can choose where to live

Your questions doesn't state whether this is a pendente lite or post judgment situation, and I assume that there is a current court order for visitation. You also are not describing a situation where the child has a change in preference for residential custody. Rather, your question involves the age at which a minor child can make decisions regarding visitation with the non-residential parent.

There is no fixed age at which a minor child is deemed to be capable of forming an intelligent preference and at which the child's preferences control visitation. The minor child's preference is subordinate to his/her best interests. In any event, you will have to go to court to modify visitation. The court will determine: if the child can form an intelligent preference; what the child's preference is; if the child's preference is in his/her best interest; what weight should be given to the preference. Age 13 might be old enough if your child is reasonably mature, but you will still need to go to court to have the visitation order modified.

See for example 38 Conn. Sup. 37, 224 Conn. 776, 180 Conn. 132, 184 Conn. 36.

Keith Yagaloff, Esq.

860-622-0789