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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Idaho, the court may consider a child's preference regarding their primary residence in custody cases once the child is sufficiently mature. Although there is no specific age set by statute, it is commonly understood that children around the age of 12 or older may be given the opportunity to express their preference. However, the court is not bound to follow the child's wishes. The judge will assess the child's maturity and the reasons behind their preference, ensuring that the child's best interests are the paramount concern. The child's choice is just one of many factors the court will consider under Idaho's family law statutes, which aim to ensure that custody arrangements serve the child's health, safety, and welfare above all else.

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Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Idaho State Code

Idaho State Code

Articles

Child custody

child's choice on where to live