Legal Question in Family Law in Massachusetts
Legal age for a child
Hi. Can you tell me if there is a legal age in Massachusetts that a child can determine which parent they want to live with? My neice has been living with her father but wants to go back home with her mother. She is 15 1/2 years old. Thank you.
2 Answers from Attorneys
Re: Legal age for a child
There is no legal age for a child to make custody decisions. At age 14 a judge has to consult the wishes of a child before making a custody decision. However, the child does not have the power to decide. If a 15 year old child has legitimate reasons for a change of custody, a judge is likely to agree with the child and change custody.
Re: Legal age for a child
Mr. Pransky's answer is a direct hit -- exactly right. However, there is a "grey year, from age 17 to 18, in which the court can make all the custody decisions it wants, but cannot enter an order mandating that the CHILD obey its decision.
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