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BizMatters, Lawyer
Category: Family Law
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Experience:  JD -NYS Bar
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What age can a child pick which parent he wants to live wi

Resolved Question:

What age can a child pick which parent he wants to live with?
Submitted: 7 years ago.
Category: Family Law
Expert:  Lady Themis replied 7 years ago.

What state is the child custody order in?



Customer: replied 7 years ago.
We haven't went to court yet, she left me last august. I give her money every month like were still together and pay her bills to. Or she'll move far away so I can't see him. Shes just using me and I'm just wondering if can go for custody or not, or if I should just keep her happy until he's old enough to pick which parent he would rather live with.
Expert:  Lady Themis replied 7 years ago.

Thank you. I will move your question to the Canada law section so a legal expert there can assist you.


I am posting this as an information request so that you will not be charged for this post.



Expert:  BizMatters replied 7 years ago.

Dear Marlowe,


There is no definitive age in Canada for when a child can choose during divorce or custody hearing.


Technically, the child cannot choose which parent they want to live with. Rather, the court considers the child's wishes and preferences about the parents. What the child wants is only one out of several facts a court considers. The older the child is, the more weight that is given to his or her opinion.


Typically in Canadian courts. children's wishes begin to have influence between age 8 and 14. (8 is the pyschological age required in most children for concrete thought processes).


At ages 14 and over, the child's wishes are frequently decisive.



BizMatters, Lawyer
Category: Family Law
Satisfied Customers: 1132
Experience: JD -NYS Bar
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