Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

In Alabama at what age can a child choose which parent they

Customer Question
want to live with...
In Alabama at what age can a child choose which parent they want to live with
Submitted: 1 year ago.Category: Family Law
Ask Your Own Family Law Question
Answered in 1 minute by:
7/3/2016
Family Lawyer: LegalGems, Lawyer replied 1 year ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10,845
Experience: Experienced Family Law Attorney
Verified

Thank you for your question; I am currently reviewing the statute.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

I have reviewed the statute and there is no set age - only a few states specify a certain age,the reason being each child matures at a different pace.

The court will look to the "best interests of the child" which include:

The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
The age and physical and mental condition of each parent;
The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life and the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members;
The role that each parent has played and will play in the future in the upbringing and care of the child;
The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference;
Any history of family abuse or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
Such other factors as the court deems necessary and proper to the determination.

The court may consider the child's wishes, and is more likely to do so if the child's reasoning seems well thought out, and based on rational logic. The court will want to know the reason for the preference, and if it is valid, then that will be a great consideration. If the child wants to live with a certain parent because that parent doesn't have a curfew and doesn't make the child do homework, for example, the court will disregard the child's preference.

Typically the courts give more weight to the child's preference in the teen years, 12 and up.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

checking in on the above;

thank you for using Just Answer!

Ask Your Own Family Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10,845
10,845 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I repeatedly am being denied my weekend visitations. One of
I repeatedly am being denied my weekend visitations. One of the stipulations in our custodial agreement is we both agree to go to weekly counseling separately. I am unable to go to counseling due the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If custody and visitation has not been decided amongst unwed
If custody and visitation has not been decided amongst unwed parents and mother moves 4month old baby out of state, what are Fathers legal rights … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
My ex husband has falsley accused me of sexually abusing our
my ex husband has falsley accused me of sexually abusing our 14 year old son. I was visited by CPS and questioned. The man assured me not to worry after speaking with him,but, that a caseworker will f… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
In a child custody visitation schedule, can a judge from
In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
We have an agreement for a stepped-up visitation agreement.
We have an agreement for a stepped-up visitation agreement. I have 95% custody and he has 5%. He's had very limited "alone" visitation and it's always been with myself or my family which is ~10% a yea… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
I just had a child visitation hearing that was finalized and
Hello. I just had a child visitation hearing that was finalized and I do not agree with the final orders. What can I do? ---------My child was removed by DCFS and law enforcement from his mother's cus… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I have sole legal and physical custody.... visitations are
i have sole legal and physical custody.... visitations are supposed to be agreed upon both parties. however, due to my childrens hostile behavior I told him to meet the children supervised at a park o… read more
Sue
Sue
Juris Doctorate
184 satisfied customers
Going trough a divorce seperation is in place and visitation
Going trough a divorce seperation is in place and visitation tights for my future ex. I have main custody. My daughter is 13 going on 14. 1. When my daughter was 10 my still husband was fighting with … read more
Sue
Sue
Juris Doctorate
184 satisfied customers
My 14 year old son was sexually abused by a school employee.
Hello, my 14 year old son was sexually abused by a school employee. There is a open police investigation. The school board nor any employees have reached out to us. I'm feeling devastated for my son … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
It is against the law in Ohio for a visitation to be granted
It is against the law in Ohio for a visitation to be granted to grandparents while the parents are married however the Gaurdian ad litem is using allegations of sexual abuse in the involving one child… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I just found out that my 20 years old son was sexually abuse
good morning. I just found out that my 20 years old son was sexually abuse by a family friend when he was 7. The friend by that time was 13 years old. Is there any legal action we can take? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
I am doing research for someone who was sexually abused a
Hi, I am doing research for someone who was sexually abused a few years ago and were under the age of consent at the time. I am trying to find out if and how mental instability could be used as a defe… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
Daughter has been sexually abused in her home by at least
Daughter has been sexually abused in her home by at least one step brother. Past statute of limitations for prosecution, but this came out through counseling and custodial parent (mother) hostile to C… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
My son was adopted from care. he was sexually abused by a
My son was adopted from foster care. he was sexually abused by a member of the foster family. he is now 20 years old. the state of Ohio refused to pursue his legal case at the time he disclosed becaus… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,668 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x