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It is a common misconception that there is a ?magic age? when a child can decide which parent they will live with. In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated.
Prior to the age of 18, the court and the state does not consider minors to have the capability of making a full determination of where they want to establish their residency. Therefore, the age of majority is the only age in which they can make such a decision.
When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.
NOTE: Requests for modification of child support may only be made to the Oregon Child Support Program under certain circumstances; for example, if it has been at least 36 months (3 years) since the date the support order was entered or last modified; or there has been a substantial change of circumstances.
There is no set age when a child gets to decide who they live with. Other than when they are 18, but then they are no longer a child. The older and more mature a child is, the more the court will value their opinion.
When Can My Child Refuse Visitation? There is no specific age at which a child can decide to refuse to visit with a parent or change custody arrangements without the court's approval.
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.
Your request for modification should be filed in the circuit court that entered the judgment you are asking the court to modify. If either party lives in a different judicial district in Oregon than the one that entered that judgment, you may request that the case be transferred.