If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them?
A friend’s daughter lives with mom but wants to live with dad. Daughter is 15. Dad and mom have never been to court; dad pays support with a check from his disability. Daughter wants to know if she got her things and told her mom she was moving in with her dad, could she be stopped and forced to stay with her mom?
Asked on June 11, 2012 under Family Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, since there is no custodial order in place, the mother of the daughter who wishes to now live with her father cannot initially stop the move. However, the mother can file a petition with the court seeking an order that the daughter reside with her and not the father.
The issue is that at age 15, the courts look more to the child's desires and needs to living arrangements with a particular parent as opposed to if the minor was 5 years of age.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.