Legal Question in Family Law in Minnesota

Re: minors

In Minnesota, there is no age at which a child is given the right to choose where he or she will live.

One of the most common misperceptions about family law is the idea that there must be some age at which a child can choose. Once a child is of "suitable age to express a preference" (usually about the age of 8 or 10), their "reasonable" preference will be considered by the court, along with a number of other factors. However, this does not mean a child has the right to choose, and in fact, the court is often deeply suspicious of a child's stated preference. A child may state he (or she) wants to live with one parent because the rules are more liberal in that parent's home, or because they receive gifts from that parent, or because they feel sorry for that parent. In fact, it is quite common for each parent to report that their child has expressed a preference to live with him or her.

Ultimately, the court never puts the question to a child: where do you want to live? This is because it puts the child in the position of choosing between parents in a way the law considers inappropriate. The general feeling is that no child should be encouraged by either parent to assert a preference, and no child should be saddled with the guilt that may come from choosing one parent and rejecting the other.

When children get old enough to drive, they will often choose where to live merely because they now have transportation and can "vote with their feet." The court will sometimes even approve a modification of custody that is, in effect, dictated by a child's decision. But this does not mean the child gets to call the shot, so to speak.

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Re: minors

Thank you for the post. Under Minnesota law, a child never has the final say as to where they will live. Instead, a court considers a child's desires only when the court deeems the child to be of suitable age and maturity.

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