At what age can a child in NC choose which parent to live with?

Asked by: Dr. Edd Price  |  Last update: June 1, 2025
Score: 4.6/5 (6 votes)

Published October 10, 2023 by The Law Offices of John Drew Warlick, P.A. In North Carolina, the law doesn't set an age when a child can choose which parent they want to live with. Judges can consider a child's preference but do not have to.

Can a 12 year old decide which parent to live with in NC?

There is no magical age in which a child can choose which parent to live with. The answer can be complicated and is often “situation specific”, i.e., every family is different and thus custody will depend on the situation of that particular family.

What if a child doesn't want to live with a parent?

If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.

At what age can a child refuse to see a parent in North Carolina?

When Can a Child Refuse Visitation in North Carolina? As in most other states, children in North Carolina aren't allowed to refuse to visit a parent under an existing visitation order until they're legal adults (when they turn 18 or otherwise become legally emancipated).

What to do if your child wants to live with their dad?

What To Do When Your Child Wants to Live With Their Other Parent
  1. Don't Take It Personally. ...
  2. Keep Communication Open. ...
  3. Consider Bringing Your Ex Into The Conversation. ...
  4. Think About What Happens if You Let Them Go.

At What Age Can a Child Choose Which Parent to Live With?

29 related questions found

Can a 15 year old child decide which parent they want to live with?

In California, children cannot choose where to live until they are 18 years old, but their preferences may be taken into account in custody decisions. If a child is 14 years or older, the court must listen to their opinion regarding where they would like to live unless it is deemed not in their best interest.

What is cold mother syndrome?

Cold mother syndrome refers to a parenting style characterized by emotional distance, dismissiveness, and rejection. This type of mothering is often accompanied by a lack of emotional availability and neglect of a child's emotional needs.

Can a father keep a child from the mother in NC?

A father has the same legal rights as the mother. He has a right to visitation, custody, and child support, just as a mother would. In North Carolina, there is no rule that the mother should be awarded custody. Both parents are considered equal unless there is a determination of abuse or unfitness.

What age can a child decide not to see a parent in us?

At age 18 in all of the United States, a child can decide not to visit the other parent without consequence to themselves or the favored parent. Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.

How long does a father have to be absent to lose his rights in North Carolina?

In North Carolina, a father's rights can be terminated due to abandonment if he has willfully abandoned the child for at least 6 consecutive months (or an infant for at least 60 consecutive days).

What happens when a child refuses to go with a parent?

Sometimes, with older children who refuse visitation, it may not be considered the parent's fault if the visit didn't happen. But if a child continually refuses to follow the visitation schedule, regardless of the child's age, then a parent may decide to get the court involved through contempt proceedings.

What is the malicious parent syndrome?

The syndrome's definition encompases four major criteria: (1) mother who unjustifiably punishes her divorcing or divorced husband by attempting to alienate children from the father, involving others in malicious actions against the father, or engaging in excessive litigation; (2) mother who specifically attempts to ...

Can I choose to live with my dad at 13?

In California, a child is considered to be “of sufficient age” to express a preference when they are at least 14 years old. Thus, any minor over the age of 14 years old has the right to express their preference of which parent they would prefer to live with after the parents' divorce or separation.

At what age does a child need their own room legally in NC?

The sleeping arrangements shall provide space within the bedroom for the bed and the child's personal possessions. When children share a bedroom, a child under six shall not share a room with a child over 12, except when siblings are placed together. No more than four children shall share a room.

What is the parental consent law in North Carolina?

N.C. Gen. Stat. § 90-21.10B provides: “(a) Except as otherwise provided in this Article or by court order, a health care practitioner shall not provide, solicit, or arrange treatment for a minor child without first obtaining written or documented consent from that minor child's parent.

Can a mother refuse access to the father?

The answer to this question is almost always “no,” especially if there is a court order granting custody and parent-time to your child's father. What follows are potential exceptions to this general rule, but you should not withhold your child without discussing it with an experienced family law attorney beforehand.

What if my son is refusing to see his father?

If a child refuses to visit the other parent, the custodial parent should encourage the child to spend time with the other parent. When children get older, the court may give the older child more discretion in deciding whether or not to visit the non-custodial parent.

What age can a child legally decide who to live with?

What Is the Age Factor for a Child to Choose Their Custodial Parent? In California, a minor at least 14 years old can be considered “of sufficient age” to express a preference for which parent they want to live with.

Can one parent keep a child from the other parent without court orders in California?

Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.

At what age can a child refuse visitation in NC?

A child can not refuse to visit a parent when a court has ordered visitation at a certain schedule. This is violating a court order. However, it's not as cut and dried as it may seem.

What is the biggest mistake in custody battle?

The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.

How much is child support in NC for one kid?

Because child support is so dependent on each parent's income, i.e., it could be as low as $50 per child or as high as $2505 per child (or more if you are off the guidelines), it is not practical nor helpful to determine an “average” amount of child support.

What is mommy daddy syndrome?

Mommy and daddy issues both come from attachment issues with your caregivers. If you have mommy issues, these are psychological problems that you may experience due to insecure attachment with your mother that forms in childhood. Daddy issues come from insecure attachment with your father that starts in childhood.

What is depleted mother syndrome?

Mom burnout sometimes called depleted mother syndrome, is the feeling of mental, emotional, and physical exhaustion, depersonalization, and lack of fulfillment caused by intense child care demands. Burnout is the result of too much stress and a lack of resources for coping with it.

What is an emotionally unavailable parent?

Emotionally unavailable parents are individuals who struggle to connect with their children on an emotional level. They may be physically present but emotionally distant, preoccupied with their own concerns, or unable to provide the nurturing and support that children need to thrive.