Legal Question in Family Law in New Jersey

Primary Residence for an 11 year old

My ex-wife has full-custody of both of our daughters ages 17 and 11. The 17 year old has decided to live with me - I believe in NJ she has the right to choose where to live. Does the 11 year old have the right as well, or is it age 12 when a child is legally permitted to choose which parent to live with. Thanks for your help.


Asked on 12/21/03, 12:56 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Primary Residence for an 11 year old

Twelve years of age is a bit too young for the child's preference to control the primary residence. Fifteen is more the age.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 12/21/03, 2:46 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Primary Residence for an 11 year old

There is no particular age. It depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. All child-related decisions are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 12/22/03, 7:10 am


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