Legal Question in Family Law in Michigan

Custody Arrangement

I am inquiring about the age at which children's desires are taken into account for choice in parental custody. Is there a certain age at which they have a right to choose, or at which they could petiton the court on their own behalf? I have a joint custody arrangement and until recently I had physical custody; I chose to move out of state and gave the children the option to come with me or stay in the state with the other parent. They chose a trial period with the other parent and we had physical custody shifted to him, subsequently they have voiced un-happiness with the arrangement. They have been told by that parent that they cannot change their minds and that he has custody and it is non-negotiable. I know I can get counsel and petiton the court but I wanted to know how much influence does the desires of the children have? Thank you for considering this question.


Asked on 11/24/03, 8:46 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Custody Arrangement

The judge can inquire of children concerning their desires but cannot ask reasons. It's a real problem. You have the burden when asking to shift custody. Bill Stern 248-353-9400

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Answered on 11/24/03, 9:30 pm
Thomas Weiss McClintic & Weiss, P.C.

Re: Custody Arrangement

Hello.

Tough question. Depends on the court. But, the general rule is that the preference of the child is only one of the twelve factors that the court MUST consider in a custody matter.

With that said, another rule is that children over 13 are listened to more. The preference of young children is not to be considered very much, if at all.

You may want to discuss this with a case worker in your friend of the court.

Changing custody is, and was designed to be, a VERY VERY difficult thing to accomplish.

Tom Weiss

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Answered on 11/25/03, 9:52 am


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