Legal Question in Family Law in Florida
age of child to decide who they can live with
my son's father has custody and we agreed verbally (although the papers state that I pay 17%), that I would not pay child support, now my son is 11 and he has been collecting support for a month now, do I have any recourse? what is the age at which a child can decide who they want to live with? Please help, I only get to see him once every 2 years or if his father is feeling generous.
1 Answer from Attorneys
Re: age of child to decide who they can live with
Children have an absolute right to the financial support of both parents. Therefore, there is nothing you can do if your son's father is not complying with your private agreement.
As to the custody issue, in Minnesota, whether or not a child gets to have some input into where he lives, that is very dependent upon the facts of each case. As a general rule, the courts give a lot of weight to the preference of teen aged children, but there are no guarantees.
Of greater interest is the fact that you only get to see your son every couple of years or so. Generally, the Minnesota courts are very protective of the rights of the child to have a meaningful relationship with both parents. You haven't give enough information for me to give you any more specific advice.
If you would like to visit with me a little bit, you may call me at (763) 428-8973.
Cathy A. Wagner
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