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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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At what age can my child choose which parent he wants to live

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At what age can my child choose which parent he wants to live with

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The only age where a child has 100% say over which parent to live with, unfortunately, is 18. The statute does state that the judge may consider the child's wishes, but the judge must consider all relevant factors. Idaho Stat., Section 32-717. As the child gets older, the wishes will bear more weight - for example, the desire of a teenager will have more weight than a 6 or 7 year old. But there's no established age where the decision becomes solely up to the child. The judge still has to consider the other factors set forth in the statute:
(a) The wishes of the child's parent or parents as to his or her custody; (b) The wishes of the child as to his or her custodian; (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child's adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need to promote continuity and stability in the life of the child; and (g) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.

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