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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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If the parents have joint custody when does the child have

Customer Question

if the parents have joint custody when does the child have the right to say which parent he wishes to live with in South ***** ***** my name is***** am the fraternal grandmother
JA: Thanks. Can you give me any more details about your issue?
Customer: He is 14 and wishes to stay during the week with his father and continue the every other week end with both parents.
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Submitted: 10 months ago.
Category: Family Law
Expert:  Samuel II replied 10 months ago.

Hello

This is Samuel. Thanks for requesting me to provide you this information.

Which South? It was blocked. Is it Carolina or Dakota?

Expert:  Samuel II replied 10 months ago.

Also, are the parents in agreement with this?

If he stays with the Father during the week, will that mean he needs to transfer schools?

Expert:  Samuel II replied 10 months ago.

Ok. So I will provide information for both because they are similar.

In South Carolina, the child can be heard by a judge and if he judge feels that the child is able to fully understand the situation, then the court may appoint a Guardian Ad Litem to represent the child. The GAL/attorney will then do a home investigation and talk to each parent to make a recommendation to the court as to what they feel is in the best interest of the child.

In South Dakota, a child's wishes will be considered by a judge if the child appears to be making a reasonable decision, they will not be the only factor, however. Children can only make a unilateral decision about who to live with after they have turned 18.

But in either state the court will listen to the child. And a GAL can be appointed.

Expert:  Samuel II replied 10 months ago.

There is no specific age in either South Carolina or South Dakota which guarantees the child's wishes will be granted. Both look at the best interest of the child.

Expert:  Samuel II replied 10 months ago.

Please let me know here if you have other questions or need any clarification in this matter. Otherwise, I would appreciate a positive rating as that is how I get credit for my time and true and correct information provided.

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