Legal Question in Family Law in New Hampshire

My former husband and I share custody of our 2 children, ages 10 & 12. My son (the 12 year old) wants to live only with me. I have heard that a 13 year old can decide which parent he wants to live with. Is that true?


Asked on 12/21/10, 11:28 am

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

No! A 13 year old may have some input to the decison making process, but does not have an absolute right to decide. That decision belongs first to the parents and then, if the parents can't agree, the court will appoint a Guardian ad Litem to investigate the situation and make a recommendation to the court as to what living arrangments would be in the best interes of the child.

Parenting rights and responsiblities can be complex and challenging. It is often best to consult with an attorney experienced in these areas to help you examine the options and achive a balanced situation for the good of the child.

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Answered on 12/27/10, 7:35 am


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