Shared custody

[user1486133359]

Is anyone aware of the legal age a child has to be before they can decide which parent they want to live with?

The courts have a certain amount of leeway but in England, at 12 a child's views would probably be considered and 13, a child would be able to choose, within reason.

The wait time to get to court is a year in some places so take that into consideration as well.

There isn't a legal age as such it is done on the child's maturity and mental capability.

So in theory a child who is 9 who has proved in other situations they are mature would be able to decide, while a child who is 15 who is immature e.g. has developmental delays and so doesn't have the mental capability will not.

However if it was taken to Court in both these situations one or both parents would have to prove the 9 or 15 year fits into the categories I've mentioned above.

With the "average" child their view is taken into consideration from 8 years old but only really acted on once they are at secondary school. Then once they are 14 the Courts aren't interested in getting involved, and when they are 16 unless there is a good reason they can't e.g. abuse regardless of which parent they may live with at the time the child themselves can decide to go to live with the other parent.

Personally I would keep it out of Court and wait until the child is both emotionally mature and physically capable of moving with their feet.