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Roger, Attorney
Category: Family Law
Satisfied Customers: 31526
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have legal guardianship as of Nov 2009. My daughter who

Customer Question

I have legal guardianship as of Nov 2009. My daughter who is mother, has informed me that at age 14 that her son can say to a court of where he wants to live. I live in Missouri and have had custody of said children since 2006 awarded guardianship through courts. Is this true? I was told I had guardianship until they turn 18. Very confused
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is Kirk and I'm a Family Law litigation attorney here to assist you.


What you've been told is NOT true. A minor child never has the right to decide who he/she wants to live with. Instead, a child must wait until he/she is an adult (18) to decide this for him/herself


It is true, however, that the child can give his/her preference to the judge and the judge will consider it - but it is not outcome-determinative. Instead, the judge is required to do whatever is in the child's best interest - even if it is not what the child wants.

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