Legal Question in Family Law in Michigan

Re: childs opinion recognization

To Whom It May Concern:

This is in response to your email of April 8, 2001, which this office received on June 6, 2001.

A judge may allow child as young as five-years-old to state a preference in a custody case. As you may know, a child�s preference is a factor that the court should consider in custody. However, the younger the child the less weight the court will give the child�s preference. Obviously, a five-year-old can be easily manipulated and may have difficulty articulating his or her reason for preference. However, a seventeen-year-old�s preference is given a great deal of weight, as he or she is nearly an adult and can clearly articulate his or her desires.

Sincerely,

Michael D. Eberth

(313) 561-5700

[email protected]