Legal Question in Family Law in Wisconsin

age of minor child to choose parent to live with

At what age can a minor child choose to live full-time with either parent in a joint custody agreement?


Asked on 3/27/03, 5:38 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: age of minor child to choose parent to live with

Hello, Until the child reaches the age of majority (18) and can decide for themselves,

custody and placement final decisions are up to the court, not the minor or parents. However, prior to that time, the test is best interests of the child, so once the child is old enough to have a preference, and the court can see how the child functions with either parent, the child's wishes are considered. However, the court doesnt have to do what the child wants, but will consider it. I do not believe there is any set age at which the court begins to consider the child's choice, but the older the child, the more likely the court will give his/her preference more weight. Best wishes, Mark J. Mahoney

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Answered on 3/28/03, 9:12 am


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