At what age can a child decide who they want to live with?
Full Question:
In Idaho is there a set age to where if a child wants to live with the other parent they have that option and how?
04/14/2009 |
Category: Divorce ยป Child Custody |
State: Idaho |
#15984
Answer:
Idaho statutes for child custody don't specify and age and children generally don't have a right to decide their own custody. However, the child's wishes may be taken into consideration by the court in determining the best interest of the child when ordering child support.
The following is an Idaho statute:
32-717. Custody of children — Best interest. —
(1) In an action for divorce the court may, before and after
judgment, give such direction for the custody, care and education of
the children of the marriage as may seem necessary or proper in the
best interests of the children. The court shall consider all relevant
factors which may include:
(a) The wishes of the child's parent or parents as to his or her
custody;
(b) The wishes of the child as to his or her custodian;
(c) The interaction and interrelationship of the child with his or
her parent or parents, and his or her siblings;
(d) The child's adjustment to his or her home, school, and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the
child; and
(g) Domestic violence as defined in section 39-6303, Idaho Code,
whether or not in the presence of the child.
(2) If the parent has a disability as defined in this section, the
parent shall have the right to provide evidence and information
regarding the manner in which the use of adaptive equipment or
supportive services will enable the parent to carry out the
responsibilities of parenting the child. The court shall advise the
parent of such right. Evaluations of parental fitness shall take into
account the use of adaptive equipment and supportive services for
parents with disabilities and shall be conducted by, or with the
assistance of, a person who has expertise concerning such equipment
and services. Nothing in this section shall be construed to create
any new or additional obligations on state or local governments to
purchase or provide adaptive equipment or supportive services for
parents with disabilities.
(3) In any case where the child is actually residing with a
grandparent in a stable relationship, the court may recognize the
grandparent as having the same standing as a parent for evaluating
what custody arrangements are in the best interests of the child.
(4) As used in this chapter:
(a) "Adaptive equipment" means any piece of equipment or any item
that is used to increase, maintain or improve the parenting
capabilities of a parent with a disability.
(b) "Disability" means, with respect to an individual, any mental or
physical impairment which substantially limits one (1) or more major
life activities of the individual including, but not limited to,
self-care, manual tasks, walking, seeing, hearing, speaking, learning
or working, or a record of such an impairment, or being regarded as
having such an impairment. Disability shall not include transvestism,
transsexualism, pedophilia, exhibitionism, voyeurism, other sexual
behavior disorders, substance use disorders, compulsive gambling,
kleptomania or pyromania. Sexual preference or orientation is not
considered an impairment or disability. Whether an impairment
substantially limits a major life activity shall be determined
without consideration of the effect of corrective or mitigating
measures used to reduce the effects of the impairment.
(c) "Supportive services" means services which assist a parent with a
disability to compensate for those aspects of their disability which
affect their ability to care for their child and which will enable
them to discharge their parental responsibilities. The term includes
specialized or adapted training, evaluations, or assistance with
effective use of adaptive equipment, and accommodations which allow a
parent with a disability to benefit from other services, such as
braille texts or sign language interpreters.
(5) Nothing in this chapter shall be construed to allow
discrimination on the basis of disability. In any case where the
disability of a parent is found by the court to be relevant to an
award of custody of a child, the court shall make specific findings
concerning the disability and what effect, if any, the court finds
the disability has on the best interests of the child.
(6) With reference to this section, when an active member of the
Idaho national guard has been ordered or called to duty as defined in
section 46-409, Idaho Code, or when a member of the military reserve
is ordered to active federal service under
title 10, United States Code, such military service thereunder shall not be a substantial or
material and permanent change in circumstance to modify by reducing
the member's previously decreed child custody and visitation
privileges.
