Legal Question in Family Law in North Carolina

Re: child custody

This is a question that is asked all the time in family law cases, and I have written an article explaining it in great detail. You can access my article at the following link: http://tinyurl.com/6b49ke

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

Re: child custody

You indicate you live in North Carolina so even though this has already been answered, I will give you the North Carolina perspective.

The law says yes - once a child who is competent (not under a legal infirmity) reaches the age of 18 (an adult), they are free to live where they want.

I'm not being sarcastic - just making a point.

Children get a vote but it is merely a vote. The Judge decides where the child will live. And the reality is that the older the child is, the more the judge will likely consider the child's wishes. This is in part because when a child has a driver's license, it becomes difficult to enforce short of putting the child in jail....

I have had cases where the fifteen year old child wanted to live with his dad and the judge ordered custody to mom (we represented mom) because we showed that mom had discipline, structure, rules, etc. that the child needed. The mom's home in this case was the best place for the child. But the child ran away....

Case law tends to show that by age 9 or 10, the child's wishes are given more weight.

But the bottom line is when we litigate, we don't dwell on the child's wishes. They are children - the point is what is in the child's best interests and that is a decision made by adults...

Hope this helps.

As always, consult with an attorney licensed in your jurisdiction for specific advice about your situation.