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Can a 15 year old choose which parent to live with after drug issues?

Can a 15 year old choose which parent to live with after drug issues?

Q: Can my 15 year old son choose to live with me?

A 15-year-old cannot choose to live with one parent without court involvement. While the child's preference may be taken into account, custody decisions are based on the child's best interests. If your son wishes to live with you, consider discussing this with a family law attorney to understand the legal options available.

Full question:

Can a 15 year old decide which parent they want to live with since the custodial parent got in trouble for the sale of drugs? The charges were dismissed, but the parent failed a hair follicle test and is now in treatment for drug abuse. The child really wants to live with parent to the point they ran away from the parent that got temporary custody of the child.

Category: Minors
Subcategory: Custody
Date: 04/07/2025
State: Mississippi

Answer:

No, a child cannot decide where to live unless they are emancipated. In most cases, custody decisions are made by the court based on the best interests of the child, regardless of the child's preferences. Even if the custodial parent has faced legal issues, the child’s wishes alone do not determine custody. The court will consider various factors, including the child's safety and well-being.

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.

FAQs

Can a parent withhold their address?

In general, a parent cannot withhold their address from the other parent unless there are safety concerns, such as domestic violence. Courts typically require both parents to share their address to facilitate co-parenting and communication. If there are legitimate fears for safety, it may be possible to request the court to keep the address confidential. Always consult with a legal professional for advice specific to your situation.

When your child decides to live with the other parent?

A child cannot unilaterally decide to live with the other parent unless they are emancipated. While a child's preference may be considered, custody decisions are ultimately made by the court based on the child's best interests. If a child expresses a desire to live with the other parent, it may be beneficial to discuss this with a lawyer to explore options, including potential modifications to custody arrangements.

How to deal with a nasty custody battle?

Dealing with a custody battle can be challenging. It's important to remain calm and focused on the child's best interests. Consider hiring a family law attorney to guide you through the process and represent your interests in court. Documentation of all interactions and any relevant incidents can be helpful. Mediation may also be an option to resolve disputes amicably.

What if a child doesn't want to live with a parent?

If a child expresses a desire not to live with a parent, the court may take their wishes into account, especially if the child is older. However, the court's primary concern is the child's safety and well-being. It's advisable to consult with a family law attorney to discuss the child's feelings and explore possible legal options.

Can I choose to live with my mom at 15?

At 15, a child cannot legally choose to live with one parent over the other without court approval. While the child's preferences may be considered, custody decisions are made based on the best interests of the child. If you feel strongly about living with your mom, it may be helpful to discuss this with a trusted adult or legal professional.