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Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.
If the child is at least 12 years old, courts will usually give the child's preference some weight. Courts don't have to follow a child's custodial preference. The court decides how much weight to give each child's opinion by considering the rationale behind the child's preference.
Generally speaking, child support continues until the age of 18 and. Under certain circumstances, the court may order payments to continue to age 21 if the child lives with a parent and is principally dependent on them for support.
A general rule of thumb may be that a child who is at least 10 years old may be considered mature enough to make this decision, but some older children may not be mature enough to voice their preference clearly or make the court see why they would like to live with one parent over the other.
In fact, Massachusetts courts have stated that in this state, there is no fixed age when complete emancipation occurs, and that it does not automatically occur when the child turns eighteen. For example, in some cases, parents can be required to support their children beyond the child's eighteenth birthday.
Parental obligations typically end when a child reaches the age of majority, which is 18 years old in most states. However, you may wish to check your state's legal ages laws to see if they vary from this standard.
Child Custody and The 12 Best Interest FactorsPermanence of the family home.Moral fitness of the parties.Parents health.Successful schooling.Preference of the child.Parent facilitates and encourages a close and continuing parent-child relationship with other parent.Domestic violence.Court determined relevant factor.More items...?
It's common for parents to ask at what age their child can decide custody. In Massachusetts, children can't "decide" where they will live until they are at least 18 years old. However, Massachusetts courts must consider a child's custodial preference when the child is mature enough to have a rational opinion.
Child support must terminate if the young adult is emancipated. A young adult becomes emancipated by no longer being dependent on a parent, which involves a number of factors.