Legal Question in Family Law in Mississippi

Children right to choose where to live

At what age does a child's desire to live with one parent or the other have any affect on custody?

Custody was given one parent 8 years ago by mutual consent. The child is now 14 and has been repeatedly asking to live with the other parent. Both parents are remarried with stable, safe, and healthy homes. Can his/her desire have any affect on custody?


Asked on 9/28/03, 10:33 pm

1 Answer from Attorneys

Jeffrey Padgett Padgett Law Firm, pllc

Re: Children right to choose where to live

From the limited information you gave, I'd say the Court would take this child's wishes into consideration. The Court will look first to the child's best interest though.

It may be easier and less expensive to get the custodial parent to agree. You'd still want to have a lawyer draft, file and present the papers t the judge to get it official, but this is better than running up a legal bill fighting it.

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Answered on 10/05/03, 10:56 am


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