Legal Question in Family Law in New Jersey
Custody
If a 13 year old is having repeated problems with his custodial parent, is he old enough to determine which parent he wants to live with?
3 Answers from Attorneys
Re: Custody
Not at 13 in my opinion, but his opinion, along with other evidence, would be important for the case.
Re: Custody
This is the age old question. In the case where a child is of sufficient age, intelligence and maturity to articulate an intelligent preference as to custody, the court will usually interview the child if requested by a party to do so and the court may take the child's preference into account but is not bound by the child's preference. However, the child's preference is not controlling. As the child continues to mature, the preference becomes more significant. It also depends on the "problems" as well. Many 13 year olds have problems but that alone is not enough information to determione the extent of such problems and that may change things too.
Re: Custody
It depends on what the "problem" is.
A desire to escape a reasonable amount
discipline or limits on behavior is not a basis for changing custody.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com