Age of child's opinion in primary residence say...
How old do most courts say is an appropriate age for a child's opinion to be asked about where they would like to have their primary residence?
My husband and I are trying to figure out a timeline of when it would be in the child's best interest to go back to court and have her residence change to be with us (her BD.) It is one of those situations that seems very common, things are done to the child that definitely hurt her but are not abusive so we have no grounds to stand on in the court's eyes basically. I am aware of the pros and cons to going to court to change residence but I feel that at the age of 7, my stepdaughter already knows where she should be to get the best care. We feel as though she is going to have to make the decision eventually and we just support her and take care of her as best as we can on the weekends and every other week during the summer.
I believe it's quite a bit
I believe it's quite a bit older...like maybe 11 or 12 here.
In Illinois its 14. Please
In Illinois its 14. Please keep in mind that having the child voice where she would prefer to live is only part of the equation. You are correct to look into any other chances of circumstances for the child. Where we live a judge won't even look at a modification of residence if there is not a good COC. I can say with almost 100% certainty that the age of 7 is no where near the age of where they will even entertain the notion of hearing what the child has to say. While your SD may be more mature then most 7 year olds, I have to say I agree that 7 is far to young to put that kind of pressure on them.
Wow, my message did not say I
Wow, my message did not say I expected my seven year old to make that decision. What I meant was that she has shown signs of showing she would like to live with us instead, specifically naming that her SD has asked her if she wanted to live with us (notice we WEREN"T the ones who asked her and NEVER would) and her reasons was probably Dad's because he TAKES CARE OF M!. No where did I say I expected her to make that decision. I was just asking at what age their opinion is taken into account. Thanks for the input.
I'm so sorry that I have to
I'm so sorry that I have to be so careful with my editing of messages. I meant to say that we don't expect her to make the decision at the age of 7! We are simply trying to plan ahead and make horrible decisions like going back to court or not with all the information possible. Given all the circumstances it will be best for us to wait it out until the day when she does get to make the choice because of the manipulative and psychotic behavior of her BM. There are some circumstances when it IS in the best interest of the child to make that choice or be able to express their opinion about it. You have no idea what is going on in the details of our situation and all I asked about was what age other courts typically take a child's opinion about where they want to live into account. I did not ask for your opinion on anything else. You make assumptions about my statements and situation that are completely in accurate.
The only instance where I
The only instance where I used the word "my" was when I used the word stepdaughter right after and that is a fact, she is MY stepdaughter. Unless I yet again am unable to edit correctly.
By the time she's old enough
By the time she's old enough to have a say, she may say she wants to live with mom.
Most teen girls relate better to their moms.