Legal Question in Family Law in Minnesota

child questions

I have a son who will be 12 on the 15th of September - he wants to live with his father - his father is taking me back to court for a reducement of support under the new laws - he is self employed and is not working - I already cover alll medical and dental. I dont know what to do I cant afford an attorney. Can a child decide legally where he wants to live at 12?


Asked on 8/06/07, 10:43 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: child questions

You don't say why your son wants to live with his father and that, of course, is important. While minor children do not have a the right to choose who they will live with at any age, the court will consider their wishes if they are deemed to be mature enough. "Dad lets me stay up late and play video games rather than do homework and doesn't mind if I smoke and drink" is NOT the reasoning of a mature child. "Dad is more even handed, doesn't drink too much like mom does, acknowledges the good things I do, and is there to help me with my homework when I need it" is the reasoning of a mature child.

Whether you feel you can afford it or not, you still should seek the advice and assistance of an attorney. If primary placement is changed you can actually be made to pay support so this could have a huge financial impact on you, not to mention the potential impact a change of placement will have on the child if it is for the wrong reasons.

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Answered on 8/06/07, 11:49 am


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