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Can Our Children Decide Who They Live With

Can Our Children Decide Who They Live With

Parents are presumed to be in control of a child’s schedules and activities, and as such, in Massachusetts, the law does not generally presume that a child can make choices about what parent they choose to live with.  If the parents are unable to agree on where their child lives, the Court will be forced to make the determination based on what the best interests of the child are.  However, the preferences of the child may be taken into consideration and weighed against their age and maturity.
Typically, the early teen years will be the ages at which judges will give more consideration to a child’s preference.
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