Legal Question in Family Law in Connecticut
child custody
My 13 year old granddaughter lives with her mother, and called me and wanted to know how old she has to be before she can decide which parent she wants to live with. There has never been legal custody granted to either parent, they have never been to court or before a judge, and they have never been married. My son is listed on her birth certificate and was living with him for the last 13 years. This is the first time she has lived with just her mother.
1 Answer from Attorneys
Re: child custody
When you say that your granddaughter was living with your son for the last 13 years and now, this is the first time she has lived with "just" her mother, do you mean that both parents lived together for 13 years and now are separated?
Nevertheless, there is no specific age that a child has to be, in order to decide which parent she wants to live with. However, at 13, a court will consider the child's preference, although this is only one factor. The court will look at all the factors that are relevant to her best interest. Many times, a court will appoint an attorney to represent the child. The attorney will disclose to the court who she wants to live with. (we don't allow children to go to court and testify, like in the movies)
If the mother is agreeable to let her live with her father, then they may not need to go to court. If they went for 13 years without court intervention, it would be best for this child if they continued that way.