Full question:
What age does a child need to be in order for them to be able to decide which parent they would like to live with and what would the legal steps include?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Arkansas
Answer:
In custody cases, the court prioritizes the welfare and best interests of the child. While there is no specific age at which a child can decide which parent to live with, the court may consider the child’s preferences if they have sufficient age and capacity to reason. This is not strictly based on chronological age.
When determining custody, the court may award joint custody to ensure frequent contact with both parents, unless there are concerns such as domestic violence or the parent being a registered sex offender. In such cases, the court must evaluate the safety and well-being of the child.
If a grandparent seeks custody, they may intervene in the proceedings under certain conditions, especially if they have been the primary caregiver.
Legal steps typically involve filing a petition for custody in the circuit court, where the court will assess all relevant factors, including the child’s wishes, to determine the best custody arrangement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.