Thread: Age of consent for Children

I've always heard that a child can legally choose which parent that he wants to live with at the age of 12. Is this correct in most cases?

Perhaps the states specify a certain amount of judicial discretion on a matter like that, since a judge might find that some kids are smarter and/or more mature than others?

I forget how old my niece was when she chose to live with her father rather than her mother, but it would probably she was probably a little older than that. In her case it turned out to be a bad decision.

I think hers was a case where the "absent" parent appeared nicer, because there was less discipline involved during their visits.

At a young age like 12, it must be so hard on a child, possibly being drawn into an unfortunate situation by emotions.

Originally Posted by mollyL

Perhaps the states specify a certain amount of judicial discretion on a matter like that, since a judge might find that some kids are smarter and/or more mature than others?

I would think that that should be the standard, Molly. Some shildren mature must faster than others do and this should be considered in allowing them should on which parent to live with.

Unlike some other States, Nevada has no "magic age." The controlling Statute, NRS 125.480, states in part:
In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:
The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody.

Dui Attorney

Its hard to loose a child. During a divorce, under most circumstances, no one really wants to give up their child to their ex-partner but it is what happens.

I do agree with you that sometimes when a child is young its hard to see clearly but they make the choice that will make them happiest at this time. What happens long term may have been in your opinion a poor choice but most situations the parents love their children very much and in different ways and it is best to respect the child's decision (if its legal of course). I know I found a lot of interesting information about child custody from a family law attorneys in Houston where they were saying that sometimes finding a compassionate lawyer can help a child make the best possible choice. Someone outside the family that can still provide advice as an authoritative figure but relate to their family's current situation helps.

You bring up a good point and this is not just specific to divorce but also separation. Whether divorce or separation is the answer, child custody issues arise as well as the terms of child and spousal support and then division of assets.

For child custody the age of consent varies, please look to more information from this page on Johnson City uncontested divorce which will shine more light on custody issues.