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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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at what age can a child in North Carolina choose his or her

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at what age can a child in North Carolina choose his or her legal guardian?
Hello there:

In North Carolina, the law is that there is not a specific age that a child can choose his/her parent; however, the court will consider the child's preferences in light of their age and ability to articulate the reason for their preference when making a custody order.

For example, the court will give tremendous consideration to the preferences of a 16 year old who is clear and logical about where they want to live and why; the preferences of a 9 year old who wants to live with mom because "I dunno" will be given almost no weight.

In actual practice, in my experience, a child who is 14 usually gets what they want and a child who is at least 15 almost always gets what they want. I have yet to see a 16 or 17 year old not get to decide which parent they want to live with.

I hope that this helps.
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