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At What Age Can a Child Choose Which Parent to Live with in Missouri?

At The Betz Law Firm, we’re committed to protecting your rights and interests while striving for the best possible outcomes for you and your family.

One of the most common questions in child custody cases is: “At what age can my child decide which parent they want to live with?” In Missouri, there is no specific age at which a child can unilaterally choose their custodial parent. However, as children get older, the court gives increasing weight to their preferences when making custody decisions.

If you have questions about how your child’s preference may impact your custody case, contact The Betz Law Firm.

Key Points About Child Custody Preferences in Missouri

  • There is no set age when a child can choose their custodial parent
  • The court considers the child’s wishes as one factor among many
  • A child’s preference carries more weight as they mature
  • The judge determines if a child is mature enough to express a reasonable preference
  • The child’s stated preference is not automatically followed

How Missouri Courts Consider a Child’s Custody Preference

While there’s no magic age, Missouri courts generally start giving some consideration to a child’s custodial preference around age 12-14. As children enter their mid-teens, their opinion is given more significant weight, though it’s still not the only factor.
The judge will evaluate:

  • The child’s age and maturity level
  • The child’s ability to make a reasoned decision
  • The reasons behind the child’s preference
  • Whether either parent has unduly influenced the child
  • How the preference aligns with the child’s best interests

Factors That May Override a Child’s Preference

Even if an older teen expresses a strong custodial preference, the court may rule differently if:

  • The preferred parent is deemed unfit
  • The child’s stated reasons are immature or shortsighted
  • There’s evidence of parental alienation or manipulation
  • The preferred arrangement would be detrimental to the child

How Children’s Preferences Are Considered in Court

In Missouri, children do not typically testify in open court about custody preferences. Instead, the judge may:

  • Interview the child privately in chambers
  • Appoint a guardian ad litem to represent the child’s interests
  • Consider reports from custody evaluators or mental health professionals

The Goal: The Child’s Best Interests

While a mature child’s preference is important, Missouri courts are ultimately focused on determining what custody arrangement is in the child’s overall best interests. This holistic view considers factors like:

  • The child’s relationship with each parent
  • The ability of each parent to provide for the child’s needs
  • The child’s adjustment to home, school, and community
  • Any history of abuse or neglect

There is no definitive age at which a child in Missouri can choose which parent to live with. As children mature, especially into their teens, their reasoned preferences are given more weight – but they are just one of many factors the court considers when determining custody arrangements. If you have questions about how a child’s preference may impact your custody case, contact The Betz Law Firm.

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