An Urban Myth About a Child Selecting a Home

Myth:  At a particular age, some say twelve years old, a child in a custody dispute gets to decide for themselves where and with whom they want to live.

Truth: Under current Michigan law, children are not allowed to choose where or with whom they wish to reside until they are eighteen years old.  Any claim that there is some other rule is contrary to current law.  When there is a dispute about where a child should live, the court must look at a complicated test containing twelve factors only one of which is the preference of the child. (See the Statute at MCL 722.23).  Here is a link to the current law as of this writing: CHILD CUSTODY ACT. This myth may turn into truth in the near future as the Michigan Legislature is contemplating a substantial rewrite of the Child Custody Statute, part of which could provide for a child fourteen years or older to determine which parent they live with.  At the time of this writing, this is not that law of the land and the above referenced Statute pertaining to the determination of where a child must live, applies.  If you have any questions about the rules regarding when a child may determine where they might live and the significance of a child’s preference, please contact one of our child custody attorneys at Damon, Ver Merris, Boyko & Witte, PLC.  We are here to help – Curtis R. Witte / September 14, 2017

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