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do you think children should be able to make the final decision in custody cases?

I am cunducting a research and i was wondering what did you think about a child being able to make the final decision on who they want to live with during trial. a childs voice should be heard reagrding the parent of choice. Most children will pick the one they are more emotionally attached to not who makes the most money. The parent who has the gives the most time into the welfare of the child.

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chrissie504

Asked by chrissie504 at 3:01 AM on Apr. 15, 2013 in School-Age Kids (5-8)

Level 1 (3 Credits)
Answers (25)
  • Although the ultimate decision should not be theirs they should be heard. I think it's appalling that their voice be ignored. I've seen several cases of a mother being (virtually automatically) awarded custody when the child said he'd much rather live with his father. The child then runs away regularly to be with his father. The father hadn't encouraged it but finds himself charged with kidnapping ... all of this could be avoided if a little attention were paid to what the child says.

    winterglow

    Answer by winterglow at 4:12 AM on Apr. 15, 2013

  • The child's opinion should be given increasing weight based on their age and maturity, but it should not be wholly theirs.
    SWasson

    Answer by SWasson at 7:58 AM on Apr. 15, 2013

  • No. Children can be easily manipulated by a parent with gifts and lack of discipline, but that does not make for the best parent.

    As pp said earlier, their voice should hold more weight as the child matures.
    anng.atlanta

    Answer by anng.atlanta at 10:02 AM on Apr. 15, 2013

  • No I do not. If child support is being regularly paid, that parent who pays has a right to visit with that child. But the child can express their preference to the judge, and why they want to stay with the other parent. But in the end, its the Court who will ultimate decision. Also, at the age of 16, they can choose which parent they want to live with.
    Michigan-Mom74

    Answer by Michigan-Mom74 at 3:45 AM on Apr. 15, 2013

  • It really depends on the age of the child. Younger children would not fully understand the magnitude.
    3libras

    Answer by 3libras at 7:55 AM on Apr. 15, 2013

  • No because a child just wants to go with their favorite parent aka the one who lets them do what ever the hell they want. They don't know whats really going on.
    LostSoul88

    Answer by LostSoul88 at 9:10 AM on Apr. 15, 2013

  • Depends on the age of the child. ALL children should be heard and it should AL:WAYS be taken into consideration who they prefer to live with, but there are other factors to consider with younger children.
    2autisticsmom

    Answer by 2autisticsmom at 11:32 AM on Apr. 15, 2013

  • At 8 they should be in the court room and listened to or taken to judges chambers. I have known many 8 year olds tha are very capable of seeing what is going on and saying some very intellegent things about their own wellfare. But no the decision is the judges.
    Dardenella

    Answer by Dardenella at 12:20 PM on Apr. 15, 2013

  • I think that they should be able to voice how they feel, but that they should not have a final say. Kids may not know all the reasons why one parent may not be fit to have them live with them the way an adult would.
    MooNFaeRie30

    Answer by MooNFaeRie30 at 5:22 AM on Apr. 15, 2013

  • No. They should be heard, but it should not ultimately be their call. You say they'll choose the one they're more emotionally attached to, but there are two flaws with that assumption right off the bat: One is that kids don't always look at emotional attachment. Look how many divorced moms come on here upset that the kids come home from dad's, and they won't listen because dad lets them run wild and do whatever the hell they want. Yeah, that kid loves mom, but given the choice, they just might choose to live with dad because he has no rules. Second, you're not considering abusive situations, or just flat out manipulative parents. Do you honestly think there aren't parents out there who would threaten, bribe, or otherwise manipulate their kids into saying they want to live with them?

    Kids should be able, at any age, to tell the judge who they'd *like* to live with. But the judge should make the decision.
    wendythewriter

    Answer by wendythewriter at 6:23 AM on Apr. 15, 2013

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