Legal Question in Family Law in Minnesota
how old do you have to be to switch custody between parents?
2 Answers from Attorneys
The child never has the absolute say in where she wants to live until she is an adult. It may be considered as a factor by the court if the child is older (e.g. over 14)., but it is only one of many factors.
Under Minnesota law, a child never gets to determine where they will reside. After custody has been determined, any change in custody would require a showing that the child is endangered physically, emotionally or developmentally in the current custodial situation and that the benefit of the change in custody outweighs any harm. Children in their late teens may deemed endangered if they have strong feelings about living with one parent or another. The desires of younger children does not have such an impact.
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