Custody and the magic age

Custody, age, child, decide, magic ageWhat is the age at which a child can choose the parent with whom the child lives? The short answer is Kentucky custody law sets out no set age or bright-line rule on this issue despite what many parents have heard from a friend or might otherwise believe.

The main custody statute in Kentucky — KRS 403.270 — lists a number of factors for courts to utilize when determining custody arrangements. One of those factors is the wishes of the child as to that child’s custodian. See, KRS 403.270(2)(b).

In practice, the amount of weight given to a child’s wishes often depends on things such as the child’s age, level of articulateness, the actual reasons for the choice of custodian, and other such factors, none of which are actually codified in the statutory framework. Each family court judge in Kentucky probably has his or her own method for weighing a child’s wishes making it important to know your judge’s preference and views on that topic.

For questions about custody, divorce, or any other family law issue, please do not hesitate to contact Jason Dattilo of the Gailor Law Office, PLLC. Jason has the experience to handle your domestic relations issues in a professional manner. Call Jason Dattilo today.


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