At What Age Can a Child Choose Where to Live in Minnesota?

Full question:

My granddaughter is 13 yrs. old and is being verbally abused by her mentally ill mother. At what age can she choose which parent to live with in Minnesota. My son (her father) is living with us and my granddaughter stays here part time and stays with her mother part time. She's recently been saying 'I don't want to go home to my mother'. Her mother is calling her a whore, a bitch, saying she is stupid and no one likes her. I know this is a very impressionable age and fear for my granddaughter's well being. We've been to court and the guardian ad litem thought it ok for my granddaughter to live part time with each parent even though the courts knew the mother had a history of mental illness since the age of nine. .

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: Minnesota

Answer:

A child does not the right to choose where to live unless they get emancipated. A child can object to the appointment of a guardian if they are 14 or older.

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. A child who is being supported by a relative is generally not considered emancipated, the child needs to be able to live independently and be self-sufficient. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.

Criteria for determining whether a decree declaring emancipation is in the minor's best interest vary among the states. However, common criteria include the minors' ability to support themselves financially, either currently or in the future; the minors are currently living apart from their parents or have made adequate arrangements for future housing; the minors can adequately make decisions for themselves; the minors are attending school or have already received a diploma; and the minors exhibit sufficient maturity to function as adults. Upon achieving emancipation, the minor thereby assumes the rights, privileges, and duties of adulthood before actually reaching the "age of majority" (adulthood). At that point, the minor's parents are no longer responsible for that child and, also, have no claim to the minor's earnings. During the court proceedings and before granting emancipation, the court considers, primarily, the best interests and level of maturity of the minor and confirms that the minor is able to financially support him or herself.

The following is a MN statute:

524.5-203 Objection By Minor Or Others To Parental Appointment.
Until the court has confirmed an appointee under section 524.5-202, a minor who is the subject of an appointment by a parent and who has attained 14 years of age, the other parent, or a person other than a parent or guardian having custody or care of the minor may prevent or terminate the appointment at any time by filing in the court in which the appointing instrument is filed a written objection and by giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment. An objection may be withdrawn, and if withdrawn is of no effect. An objection does not preclude an appointment of the appointee by the court. The court may treat the filing of an objection as a petition for the appointment of an emergency or a temporary guardian under section 524.5-204, and proceed accordingly.