sglmom13
07-19-2006, 03:50 PM
My boyfriend's daughter is 9 years old and he has visitation with her. Her mom has sole custody over her. Her mother is not an "unfit" mother but the daughter has said many times that she wants to live with her father. Does anyone know what age a child can choose who to live with in Utah? I could use anyone's advice. Thanks
mommyof4
07-19-2006, 04:44 PM
Well, this is not going to happen with a child that is only 9. Most states, the judge MAY let a child express their wishes around the age of 12, depending on the child and circumstances. A child does not get to decide where they want to live. The judge decides what is in the best intrest of the child. He may or may not take into consideration the child's wishes. Now, there is ONE state that I know of that a teen, after a certain age, can make that decision if all of the criteria are met, but it still has to go through the court. Utah is not that state.
My boyfriend's daughter is 9 years old and he has visitation with her. Her mom has sole custody over her. Her mother is not an "unfit" mother but the daughter has said many times that she wants to live with her father. Does anyone know what age a child can choose who to live with in Utah? I could use anyone's advice. Thanks
No, children are not allowed to choose which parent they live with. Your BF certainly has the legal right to file for a modification of custody, he'll have to prove to the court that the change will be in the child's best interests. I realize that it may seem like the child's wishes would be in thier best interest and the child's desire MAY help, but thier has to be other reasons also. An attorney will be able to assist in that, your BF should get a consult with an attorney. He can call your stste's bar association to see if he can get a referral for a low cost consultation.
elklaw
07-24-2006, 09:33 AM
Consult an attorney, but in the meantime the father would have to seek a custody modification. I don't know if that would succeed if the only reason to seek it is because the child wants to live with the father. There should be more to it than that that is in the child's best interest to modify custody.