Legal Question in Family Law in Oregon
childs age
custody was awarded to mother and son has been living with
me,he is 13 yrs. he wrote a letter to the judge stating he wanted to live with his me. He has been almost entirely living with his me. The mother seems to be in agreement with this because she only questions his whereabouts approx once a month. She has/had a medical marijuna permit and I and my son do not agree that she needs it, and he does not want to live with her. what age can he make a personal desicion for himself?
1 Answer from Attorneys
Child's decision re custody. At what age?
YOUR QUESTION:
What age can he make a personal decision for himself?
ANSWER:
Under Oregon law, so long as the child is a MINOR child (that is, under age 18), the decision on which parent will have legal custody, as between divorced or never-married parents, is a decision that remains a JUDICIAL decision. It is not the child�s decision to make. A judge will generally make a custody order based on what the parents have agreed to, if they can agree. And if they can�t reach agreement, the judge will make the decision for them. Custody of minor child is an adult decision, not a child�s decision. However, as a practical matter, the older a child is, the more �weight� that a judge will give to any parental preference expressed by the child regarding custody, with the understanding that the preference of the child is not binding on the parents nor on the judge. What ultimately counts is the judge�s order.
LDG
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