I understand that minor children are not permitted to determine for themselves with whom they prefer to live, but I was told at age 12 a motion can be made to have a judge (the judge) interview, have a conversation with the child in order to better understand the child’s emotional and psychological condition. Is this correct and is this a motion filed with the clerk prior to a hearing or can it be made, as a motion (i.e. with the correct paperwork) in the courtroom? How would I title such a motion?
Thanks.
I would LOVE to know this myself. My oldest daughter will be 12 in July and she is MORE than mature enough to make her feelings known. She continually asks if she can talk to a judge to see if anything can be changed. She’s sick to her stomach every time she has to leave and go with him. I’m also curious if the oldest sibling has her say, will changes affect BOTH children (my youngest is 9) or just the 12 year old?
I was told this by an attorney…and not the one I ended up hiring and firing. And you can make motions all day long and be denied. Still, motions are made dependent on statues, case law or precedent. It would be nice to know before I waltz in acting like I knew what I was talking about. And once again, courtrooms are like people. Some are kind. Some have a burr up their wazoo. Good luck, plus the lawyer answering these posts looks to be on vacation. Google has a “Google Scholar” search engine that is great for legal issues.
There is no specific age requirement. The motion should be made prior to the hearing, no specific title need be included.
Do all Motions filed in the clerk’s office need also be sent to the other side’s attorney? This is a similar question in my other post…sorry to ask it twice.
Yes.