Full question:
Can a child who is 16 years old live with any member of his family that he chooses? A boy wants to live with his grandparents who have raised him but his mother is trying to force him to live with her after 15 years of separation. He resides in KY and his mother is in GA.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Kentucky
Answer:
A minor does not have the right to choose their residence and is under the custody of their parent or legal guardian until they are emancipated. In this case, the boy's grandparents may petition for guardianship or seek to terminate the mother's parental rights. However, to terminate parental rights, the court must find the parent unfit based on criteria such as abandonment, child abuse, or neglect. The court's primary concern is the child's best interests, which is determined based on the specific facts of the case.
If the mother is awarded custody, the court might grant the grandparents visitation rights if it serves the child's best interests. In Kentucky, grounds for terminating parental rights include abandonment for at least ninety days, serious physical injury to the child, or failure to provide essential care, among others (KRS § 625.090). The court will consider various factors to determine the child's best interests, including the parent's mental health and any history of abuse or neglect.
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.