What is the age a child can choose which parent to live with in Montana?

What is the age a child can choose which parent to live with in Montana?

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What happens if a child doesn’t want to visit the other parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

At what age can a child refuse to see their parent?

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.

Can a 17 year old refuses to see a parent?

A court or the police will not make a 17 year old go to the other parent if they refuse. However, as the custodial parent you must encourage the 17 year old to follow the custody order.

Can a 13 year old decide who they want to live with?

13 ANSWERS The child can not dictate who he or she will live with. You will need to have your child’s preferences considered through a Guardian ad Litem.

Can an 11 year old choose which parent to live with?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …

Can a child divorce one parent?

A minor generally cannot become emancipated from just one parent unless there is only one parent, such as when one of the minor’s parents has died, or has terminated their parental rights. Emancipation of a minor terminates all parental custodial rights, which in turn makes that minor an adult for legal purposes.

What age will a court listen to a child?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

Can a 10 year old choose which parent to live with?

Adults are responsible for determining what is in the best interests of children. Therefore, a 10 year-old’s wishes will never be determinative. However, the Court may take the child’s wishes into account.

What do you do when your child wants to live with the other parent?

How to Respond When Your Child Wants Their Other Parent

1. Don’t Take It At Face Value. Your child may be very frustrated in this moment, expressing them self in such a way that may cause you some heartbreak.
2. Have Empathy for Your Child’s Emotions. Look at the situation from your child’s perspective.
3. Keep Your Composure.
4. Stand Your Ground Peacefully.

What do I do if my child refuses to visit the father?

Specifically, you could ask your child’s other parent to call the child on the phone or come over to your house and try to speak with the child who is refusing visits. This helps the other parent understand the situation and places some obligation on their part to facilitate visits.

Can a child write a letter to a judge?

Can my child write a letter or a Declaration to the Judge? The answer is usually, no. If your child writes a letter or a Declaration to the Judge, the Judge will not read it nor will it be accepted by the court.

What goes into a Section 7 report?

An Independent Social Worker provides an independent evaluation and assessment of a situation and reports the findings to the Court. A Section 7 Report needs to contain background information and the key facts and evidence that the child’s needs have been considered in accordance with the Welfare Checklist.

What are section 7 expenses?

Section 7 expenses are support amounts payable for a child in addition to the base child support that is payable. Section 7 expenses are ordered by the court. They can include childcare expenses; medical, dental and other health-related expenses; and health insurance premiums.

Do courts always side with social services?

Just 1% of social workers and guardians surveyed by Community Care believe family courts ‘always’ make the right decisions for children, while 2% believe courts ‘never’ make the right decisions. The rest believe courts ‘mostly’ or ‘sometimes’ make the right decisions about children’s lives.

Can I refuse a child protection plan?

Do parents have to let social workers in the house if there’s a child protection plan in place? Even if a child protection plan is in place, social workers have no right to enter the family home uninvited and you, as the parent, have a right to refuse them access.