Legal Question in Family Law in New Hampshire
Can children choose parent
I have had custody of my 2 children legally now for 5 yrs. They have lived with me since our seperation almost 10 yrs ago. I am getting remarried in Aug 2001, my ex is remarrying, and he told the children want to live with him and they are old enough to make that decision. I'd like to know the age that they are old enough to do so. I know they have more fun with him, since I'm the one who makes them get up for school and go to bed early etc. Which when they are with him it's play time. They are 13 and 11. He wants to go back to court, and make the children choose who they want to live with. I spent alot of money on the divorce, since he tried to be his own attorney. I'm still paying. Can the children choose? Please let me know at your earliest convenience. Thank you
1 Answer from Attorneys
Re: Can children choose parent
The NH divorce court basically never simply allows the children to choose; the older (and presumably more mature) the child, the more weight is likely to be given to the child's preference. However, what your ex is really proposing is a change of custody. NH employs a very high burden for a change in custody: he must show the children are at risk for harm. He can file his request but he is likely to have to pay for the appointment of a guardian ad litem (an advocate for the children)who is most often a lawyer (usually $1000). You could be required to contribute to this cost. The basic answer to your question is, however, the children do not simply get to choose. That is a position the court will not put children in.
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