Legal Question in Family Law in Montana

Re: Legal Age for a child to decide

In Wyoming, the decision as to custody is always that of the Court, and not the child, though various jurisdictions in the state give great weight to the wishes of a child at any age where that child is able to voice a well reasoned decision to the Judge. Again, some judges will hear a child as of six years, and others will not listen no matter how old the child is.

Our Supreme Court feels a preference which 'has a stated basis and is expressed in a plain manner should be accorded greater weight than one whose basis cannot be described.'

The WY Supreme Court also feels that the older the child, the greater weight the trial court should give to his or her preference.

Again, a child's preference is only one factor to be considered, and is not conclusive.

The question as to whether legal aid is available for such a child can only be answered by the Legal Services office to which you apply.