What to do if my 12 year old daughter wants to live with her dad?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my 12 year old daughter wants to live with her dad?
We currently have a 60/40 share custody agreement and she lives with me. Will the courts change the agreement simply because she wants it or must there be a change in circumstances that has effected her.
Asked on October 21, 2012 under Family Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Typically, a minor child cannot choose which parent they want to live with. A court will , however, look to many factors such as their home environment, the income and education of the parents, the child's relationship with each parent and the reason for wanting the change, etc. In other words, has there been a significant change in circumstances that affects the child's best interests.
That having been said, while a child cannot outright choose where they want to live, once over about the age of 12, a child's preference is given consideration and is one of the factors that the court considers.
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.