My Child Is 13 Years Old. Can’t He/She Decide Which Parent To Live With?

Under New Hampshire law, there is no automatic age upon which a minor child can unilaterally decide where he/she wants to live. However, if the Court concludes that the minor child is of sufficient maturity to make a sound judgment about where he/she wants to live, the Court will give “substantial weight” to the child’s stated preference. In other words, if deemed a “mature minor”, the child’s preference becomes one of any number of factors the Court will consider in issuing a Parenting Plan. Under these circumstances, the Court will also consider whether other factors have influenced the minor child’s preference—i.e., whether a parent has pressured a child to state a particular preference or whether a parent has made promises to a child to encourage the child to state a particular preference

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Divorce & Family Law

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