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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 Vermont, during custody proceedings, the court takes into account the child's preference regarding which parent's home will be the primary residence, particularly when the child is of sufficient age and maturity. Although there is no specific age set by statute, typically a child around the age of 12-14 may be considered mature enough for their preferences to be given weight. However, the court's primary consideration is the best interest of the child, which encompasses various factors such as the child's adjustment to home, school, and community, the relationship with each parent, and the ability of each parent to provide love, guidance, and support. Vermont's family law statutes, which guide these considerations, do not mandate that the court must follow the child's preference, regardless of age. The child's choice is just one of many factors the court will evaluate in determining custody arrangements.

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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

Vermont State Code

Vermont State Code

Child custody

child's choice on where to live

Articles