Legal Question in Family Law in Michigan
When is a child old enough to decide where to live.
I have used this service before and my question was answered within 2 hours. Thank you. What is the age a child has to be before he or she can decide with whom they want to live on a permanent basis? My nephew is 12. His mother is an alcoholic who is emotionally and sometimes physically abusive. He is now staying with his maternal grandmother. He refuses to go home to his mother because of her drinking and abuse. There is no father. When can he legally leave his mother's home to stay with his grandmother without his grandmother having to formally adopt him? The child has an older brother who lived with the grandmother since the age of 14, he is now 21, with no change in custody. The counselor at his school and social services have been notified. There is a concern about the grandmother's age, 69 almost 70. I am the aunt, but I am not blood related, age 34. I have always heard that a child can make his or her own decision at the age of 14. Any suggestions or advise would be GREATLY appreciated!!!!!!
2 Answers from Attorneys
Re: When is a child old enough to decide where to live.
The child never really gets to make his own decision. What happens is that the enforcement mechanism, designed to put him back in his natural parent's home, gets sort of lax.
The 14-year rule isn't hard and fast: it means that at or around 14 years of age, judges can have an intelligent conversation with the child to assess her wishes and perspective with respect to how well divorced paretns are doing.
However, not all children can make such important choices, and they should not be told they can. It's the adults who choose. I always tell clients that adult decisions should nto be made by the child, even at 14, they need to know that the responsible adults are taking care of business for them. I would think this is true, especially when the child has an impaired parent.
Mom can subcontract out her parenting responsibilities, but she can also revoke that agreement unless and until a court is involved.
To protect the child and the other adults involved, you really need to have her execute a legal guardianship to cover the situation in which the child remains with grandma, but needs to have someone else take care of him (for example, to give permission to admit him to the hostpital).
Emancipation can occur around 17, but that is a long ways off and requires that the child be able to completely care for himself.
Re: When is a child old enough to decide where to live.
Unless alcoholic mother cooperates, you must go through the appropriate social services office (FIA in Michigan). The child will be removed from the home and then the child can be placed in foster care. For more info. please call (248)851-3171.
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