Legal Question in Family Law in Kansas

Re: legal age of children to pick parent to live with

I am not certain that you received "conflicting" information. A judge will take into consideration the wishes of ANY child of ANY AGE who can express himself or herself either directly to him/her or through a guardian ad litem (an attorney appointed solely to represent the interests of a child). Keep in mind though that no judge would ever base the decision of custody entirely on the wishes of a child: clearly the older the child the more chances that the child can give useful information in regards to custody... but the wishes of the child are pretty low in the list of importance compared with "what is best for that child". It is true that a child can speak to the judge directly in chambers (in other words, not in the presence of the parents or others), but this is only used in uncommon and delicate circumstances and it is far from being the norm.

Sincerely,

Tiziana Ventimiglia

Re: legal age of children to pick parent to live with

There is no brightline age when children can tell the judge who they want to live with. In fact, a judge does not even have to talk to the children. Most judges feel it is not appropriate to put the children in the middle of a custody dispute. When a judge does talk to the children, the wishes of the children are a consideration. However, it is not the controlling factor. The main concern of the judge shoudl be the best interst of the children. I would not base my case on the wishes of the children. In most cases, a material change of circumstances must be shown to justify a change in custody. www.kansasfamilylawblog.com