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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 North Dakota, when determining child custody arrangements, the court takes into account the best interests of the child, as outlined in North Dakota Century Code (NDCC) Section 14-09-06.2. While there is no specific age at which a child's preference must be considered, the law does state that the court may consider the 'reasonable preference of the child, if the court deems the child to be of sufficient age, intelligence, and maturity to make a decision.' This means that as children get older and more mature, their preferences may be given more weight, but the court is not bound to follow the child's wishes. The primary consideration remains the child's best interests, which encompasses various factors including the child's safety, emotional and developmental needs, the stability of each parent's home environment, and the relationship between the child and each parent.

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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

Articles

North-Dakota State Code

North-Dakota State Code

Child custody

child's choice on where to live

Articles