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What are the chance of a non-biological father gaining custody if he has raised the child since the age of 1 ?
Anonymous3 views1 answers
A friend of mine is battling the choice to either get married solely for the sake of not losing the child or fight to gain partial custody of child. He has raised the boy since nearly birth, the boy calls him dad, financially stable and secure / safe home environment. He is not the biological father, I just want to see the best way to go about or increasing the chances for any type of custody are?
The judge will decide the custody matter. There is no magic age when children get to decide where to live. The best interest of the child is the standard.
The law regarding a child's 'right'* to choose is a matter for each State and jurisdiction. The judge in most States, not the child, makes the decision based on the best interest of the child. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen, sometimes fourteen. There are even cases when children of age 9 are allowed to testify.
The judge in Cook County is normally given almost unlimited latitude in whether or not she or he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age" but the younger the child the less likely for a judge to give the stated preference much weight.
Good luck to you.
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