Legal Question in Family Law in Minnesota

Age for child to decide on where wants to live

I have my daughter in my custody for 11 yrs. I recently went through two sugeries in Dec. 2007. I had asked my daughters father to take her until I recover and now he wants to keep her. How old does our daughter have to be to make these kinds of decisions.

Thank You!

Jean Greene


Asked on 5/08/08, 2:10 am

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Age for child to decide on where wants to live

A child never gets to make that decision until they are 18. Instead, court orders must be followed unless or until they are modified by a new court order. They may be modified in Minnesota if the court determines that the child is endangered based on the current custodial situation OR if the child has been integrated into the non-custodial parent's home with the custodial parent's consent.

As part of that process, the court will consider the desires of a child that is of suitable age and maturity. As the child matures, the more persuasive their opinion may be, but in the end, the court must consider all factors when rendering its decision.

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Answered on 5/09/08, 12:53 am


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