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In Indiana, a child's wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent. Nevertheless, the preference of a child younger than 14 won't be discounted entirely.
Factors Judges Use to Determine if a Parent is UnfitThe safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol.
According to Missouri statutes, a child cannot decide which parent he/she wants to live with until he/she reaches the age of 18. It is important for the judge to determine the reasons behind why the child has expressed an interest to live with one parent and not the other.
A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.
In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent's actions but also a home environment where abuse, neglect, or substance abuse is present.
When can my child decide which parent to live with? A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright best interest of the child test.
Circumstances in California that Make a Parent Unfit for having Child CustodyHistory and evidence of abuse or violence.Lack of involvement in the child's life.Incapacity to provide financial support.Having an existing mental illness.History of an extremely hostile relationship with the child.
Contact not having been made with the child for a significant period of time (at least six months for a child younger than three years old or at least one year for a child three years old or older);
In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.
Under Mississippi child custody laws, a court will consider a child's preference whenever a child is 12 years or older.