Legal Question in Family Law in South Carolina

age of child autonomy

Michelle, who married my son, has sole custiody of 2 sons, ages 12 &14. She is very genereous with letting the boys visit their biological father and his family. Her ex-husband and inlaws have very lax ideas on raising the boys.They say the boys are ''old enough to make their own decisions'' in life, and also as to who they want to live with. Every time Michelle and my son try to discipline the boys,even on small things like a ''phone restriction'', they boys counter with ''I'll go live with my daddy!'' Michelle and my son think that since the boys are over 12 yrs. old, the boys can make good on their threat. This is causing them much stress and anxiety, as you can imagine. My husband and I think this 12 year old threshold is wrong. Can you help us? We would--name removed--very grateful. Thank you for your time.


Asked on 2/09/07, 7:32 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: age of child autonomy

In South Carolina, there is no "magic age" at which a child can choose where to live. The Court factors in the preference of every child, regardless of his/her age, but the Court also factors in the _reasons_ for that stated preference.

I have written an article on this subject, "Child's Preference in Custody Cases", which can be found by pasting this address into your web browser: http://www.scfamilylaw.com/children-childs-preference-in-custody-cases.html

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

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Answered on 2/09/07, 10:32 am


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