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Lawforyou, Lawyer
Category: Family Law
Satisfied Customers: 120
Experience:  Eight years practicing in the California
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At what age in MN can a child choose on their own which parent

Customer Question

At what age in MN can a child choose on their own which parent to live with when the divorce states joint physical and legal custody?
Submitted: 8 years ago.
Category: Family Law
Expert:  Lawforyou replied 8 years ago.
In MN the child cannot choose to move to either parent on their own until he/she have attained the age of majority. AtXXXXXwould consider what the child wishes, and only will the court move to use the child's wishes, if and only if this is in the child's best interest.

Summary of custody rules:

Child Custody: When minor children are involved in a dissolution of marriage, the Minnesota courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

If the parents can not agree on an appropriate custody arrangement, the court will examine what is in "the best interests of the child" by considering and evaluating the following factors: (1) the wishes of the child's parent or parents as to custody; (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background; (12) the effect on the child of the actions of an abuser; (13) except in cases in which a finding of domestic abuse, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child. (Minnesota Statutes - Chapters: 518.17)
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Customer: replied 8 years ago.

just trying to get more information--I have alcohol in my back ground and have gone through Hazelden and am trying to work the program, my husband has domestic abuse in his past and has gone throuh the courts. My oldest son (14) attended the family program this week-end through Hazelden and then called me tonight telling me that he chooses to live with his dad. Are there any cases similiar in MN to find out what the results were?

Expert:  Lawforyou replied 8 years ago.
Well, he would not be able to make this choice, unless there is no custody order. if there is an active order, you would only need to get the child, and if he refuses contact the police and have them assist you in the enforcement of the order.

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