When can a child choose who to live with? (Minnesota)

[justasiam73]

My stepson is 5-1/2 years old.  He lives with my husband and I full-time, and sees his mother sometimes on the weekends, although this arrangement is on the good graces of my husband, as there is nothing in the custody order allowing her to have anything but supervised visitation with him.  My husband has sole legal & physcial custody of my stepson.  My husband worries that come the right time, my stepson will choose to live with his mom.

1) I'm wondering if you know the laws regarding when a child can determine who to live with (in Minnesota)?  2) Specifically, I'm wondering come the right time, can a child choose to live with the parent that he's not living with now, without the consent of the parent who has sole legal & physical custody of the child?

Thank you.

[kiddosmom]

Wasn't looking at what forum I was reading and I cannot find the 'delete button.

What I have been told.......
18, unless the child starts running away. A judge may 'concider' a childs choice, but they will decide in the best interest of that child.

[socrateaser]

>1) I'm wondering if you know the laws regarding when a child
>can determine who to live with (in Minnesota)?  

No, sorry I don't.

>2) Specifically, I'm wondering come the right time, can a child
>choose to live with the parent that he's not living with now,
>without the consent of the parent who has sole legal &
>physical custody of the child?

Courts generally give the testimony of a child of sufficient maturity considerable weight in making custody determinations. But, I don't know the specifics of your jurisdiction, or whether there is any statute that forces the court to accept the child's desire for primary residence (as is the case in GA).

[hisliltulip]

Hey, we are in MN too.  Here is the statute I believe you wanted.





Minnesota Statutes, Table of Chapters

Table of contents for Chapter 518


     518.17 Custody and support of children on judgment.

    Subdivision 1.    The best interests of the child.  (a)
 "The best interests of the child" means all relevant factors to
 be considered and evaluated by the court including:

    (1) the wishes of the child's parent or parents as to
 custody;

    (2) the reasonable preference of the child, if the court
 deems the child to be of sufficient age to express preference;

    (3) the child's primary caretaker;

    (4) the intimacy of the relationship between each parent
 and the child;

    (5) the interaction and interrelationship of the child with
 a parent or parents, siblings, and any other person who may
 significantly affect the child's best interests;

    (6) the child's adjustment to home, school, and community;

    (7) the length of time the child has lived in a stable,
 satisfactory environment and the desirability of maintaining
 continuity;

    (8) the permanence, as a family unit, of the existing or
 proposed custodial home;

    (9) the mental and physical health of all individuals
 involved; except that a disability, as defined in section
 363A.03, of a proposed custodian or the child shall not be
 determinative of the custody of the child, unless the proposed
 custodial arrangement is not in the best interest of the child;

    (10) the capacity and disposition of the parties to give
 the child love, affection, and guidance, and to continue
 educating and raising the child in the child's culture and
 religion or creed, if any;

    (11) the child's cultural background;

    (12) the effect on the child of the actions of an abuser,
 if related to domestic abuse, as defined in section 518B.01,
 that has occurred between the parents or between a parent and
 another individual, whether or not the individual alleged to
 have committed domestic abuse is or ever was a family or
 household member of the parent; and

    (13) except in cases in which a finding of domestic abuse
 as defined in section 518B.01 has been made, the disposition of
 each parent to encourage and permit frequent and continuing
 contact by the other parent with the child.

    The court may not use one factor to the exclusion of all
 others.  The primary caretaker factor may not be used as a
 presumption in determining the best interests of the child.  The
 court must make detailed findings on each of the factors and
 explain how the factors led to its conclusions and to the
 determination of the best interests of the child.  

    (b) The court shall not consider conduct of a proposed
 custodian that does not affect the custodian's relationship to
 the child.