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In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.
Children are not allowed to decide, only the court can modify visitation/parenting plans. Children over 14 are considered to have some maturity ad the court may listen to their testimony but generally speaking the court frowns on parents...
When the father and mother agree that the child is his, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity ». The form must be signed by both parents, notarized, and filed with Oregon Vital Records. Your local child support office can help complete this process.
If you get married after the child is born, it can establish paternity retroactively. This is not an automatic process, and it is in you and your child's best interest to work with a family lawyer to establish paternity in this way. Both parents can sign an Affidavit of Paternity, which establishes paternity.
Get on the birth certificate. Once your child is born, the easiest way to establish paternity is by getting your name on the birth certificate. Get an order through an administrative agency. Get a court order.
When the father and mother agree that the child is his, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity ». The form must be signed by both parents, notarized, and filed with Oregon Vital Records. Your local child support office can help complete this process.
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.
Birth certificate. If a birth certificate declares the father and he signs it, this is a legally binding qualification of paternity. DNA test. Court order.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the