Legal Question in Family Law in Idaho

Age that a child can decide where they want to live

At what age can a child decided where they want to live and at what age can a child speak about this in court?


Asked on 3/05/02, 6:14 pm

1 Answer from Attorneys

Gass Timothy Gass Law Office

Re: Age that a child can decide where they want to live

In Idaho, that is a decision by the court based upon 2 things: 1) whether the child understands what it means to tell the truth and 2) whether the child can remember past events and other items accurately. In addition, the older a child is the more a judge is likely to listen to him, b/c the child is still that, a child. A child doesn't generally know what is in his best interests, which is why they need adult parents.

Therefore, children can usually testify at age 14 or older depending on their maturity level. However, it is more likely that a judge will listen to them at age 16 or older.

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Answered on 3/06/02, 11:28 am


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