Legal Question in Family Law in Minnesota

There is no specific age where a child can voice his or her opinion as to changes in the parenting schedule. In general, changes in the parenting schedule are made based upon the best interests of the child. A child's preference will be considered if the court deems the child to be of sufficient age to express a preference. In practice, the age when the child's preference is considered varies based upon the specific facts of each case. The court may consider the level of maturity of the child and whether there is any evidence that the child's preference has been subjected to manipulation in deciding how much weight to give a child's preference. Children's preferences have been considered at ages 10 or 11 and sometimes even younger depending upon the circumstances.

A child may never decide where he or she will stay. However, in any parenting time motion or custody proceeding a child that is deemed of suitable age and maturity may have thier preference considered, Their preference may become more compelling as they mature and is certainly quite powerful in their late teens. The age that children are allowed to have input is a bit of a moving target, but in most instances they would have to be age 12 or older.

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