Divorce Question: Can a teenage child be forced to live with a parent after divorce against their will?

I'm sorry I didn't really know how this worked the first time. I am a teacher, and student asked me this question today. The student was very upset and worried. Does the state matter? Are all states the same? Does the child always have a say (as long as both parents are fit) in the matter?Divorce Question: Can a teenage child be forced to live with a parent after divorce against their will?
Unless the child is 18 he or she is property of the parents baby! Now if both parents want the child, and both have an ability to provide a safe, stable, and nurturing environment, then the judge in a divorce proceeding has the option on meeting with the child and discussing how the child feels about which parent they live with... trust me, I know because it happened to me when my parents split up.Divorce Question: Can a teenage child be forced to live with a parent after divorce against their will?
Typically, when a child reaches the age of 13 or 14 they allow the child to choose on their own which parent they live with.





Reassure your student that they WILL have a voice of who they live with, if both their parents are fit and able to take care of them. Tell your student that if they wish to speak to the school counselor on the matter they're welcome to go down and talk with him/her. Make sure the child feels comfortable discussing who they want to live with -- it sounds to me like they are afraid to live with one of their parents. If any abuse/neglect is going on, then they will definitely not allow this child to live with that parent.





Like I said, 13 or 14 they are outright allowed to choose. Younger than that, the court listens to their opinion and makes a decision based on that and the opinion of which parent they think would be best.





Good luck.
First of all, you are not authorized to answer this question for your student. By doing so you would be putting your job in jeopardy... you are giving legal advise to a minor, without parental consent, who will take your response seriously, when you are not licensed to practice law. Do not answer that.





Second. Technically, yes. In a divorce with minor children, courts make custody and visitation orders. If the parents do not abide by these orders, they are in contempt of court = big trouble.





The child may have a say if he/she is 14 or older. That doesn't mean that the child will get what they want, but at that age they are considered to be capable of independent thought that may influence the court's decision. HOWEVER, since you said that both parents are fit, they will likely award joint physical custody.
As a teacher, you should comfort your child and encourage them to either talk to a school counselor about their concerns or to one or both parents. You may be liable if you give advice to this child, and there are just too many ways for this to be harmful. Why is the student upset? Are they fearful of living with one parent? What was he/she worried about, specifically?





The teen can look up divorcesource.com or any other resource and search for information by state. They can also ask their parents the question. Most teens are pretty internet savvy and just need perhaps the phrase to search (';custody in Minnesota, child choosing residency'; for example).





Regardless of what you've been told here, MOST states have not enacted the actual legislation that gives children (even teens) the right to choose where to live in a divorce. MOST of the guidelines state that the judge has the RIGHT, but not the OBLIGATION, to listen to a child over a minimum age of 12. If the parents agree, the child is going to have to live where they say until legally adult. If the parents contest, the child can write an affadavit for the court to consider EVEN in states where family court judges tend not to listen to children.





It is difficult for a teen to go through this. Have an open door and be as supportive as you can without giving out legal advice.
I know of a child of 13yo who was able to choose where she wanted to live in the state of Minnesota in a custody hearing. Also, cops dont usually call a child of 17 a runaway if they are with the other parent and often do not take them back to the custodial parent. The child can try to become emancipated from the parents thru the court system as i have seen that done.





However, as a teacher, this dilema is best put to the school counselor cuz I dont believe it is an answer you want to be responsible for.
A teenager can make their own decision where they want to live. They can let the parent know that they want to live with them and the parent needs to let their attorney know. I live in GA and the age that a child can make the decision where they want to live is 11. Ohio the child has to be 12.
In Oklahoma the child can choose at 12. The court will listen to their feelings at ANY age. Not all states are the same. If both parents are fit - I would think all the child would have to do is say where he/she wanted to live.






Usually a teenager is given a choice if both parents are considered fit for custody and willing to be the custodial parent.
most states it is actually 15. If the child is 15 the child can decide who she wants to live with. I know this because AI just recently went through the same thing.
As long as the child is mentally competent the state usually allows them to choose.
In Illinois, a 14 y/o can petition the court for their own interests. But I doubt this is the same for all states.
I think when they are like 14 they can make there on decision