Legal Question in Family Law in Minnesota

Re: child custody

Thank you for your question regarding a child's preference.

I am frequently asked this question. In general, children do not appear before the court for the purpose of stating a custodial preference, and in no case is a child ever given the "right to choose" a parent under Minnesota Law. The preference of a child who is of suitable age and maturity to express a preference is taken into consideration -- provided the court has jurisidiction to hear a motion to modify custody. That does not mean the child has the "right to choose", however. In general, the court does not want to put the child in the position of manipulating the parents, perhaps to avoid sensible household rules, for example, by allowing the child to choose a parent.

That being said, children often reach a point where even the court recognizes that it may have limited authority over the parties and child. When a child reaches the age 14, 15, 16, he or she may have a driver's license, or friends who drive. In those cases, children will sometimes stay where they please, and recognizing this, the court may approve a modification of custody. Even in those cases, however, the court is not simply giving the child the "right to choose," since the law considers it inappropriate to put the child in that position.

More facts are required to properly evaluate the issue. If you have additional questions or concerns, or are facing the prospect of a custody modification motion, please contact my office. My contact information is below.

Despite that