What to do if my ex-wife has custody of my daughter but she wants to stay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my ex-wife has custody of my daughter but she wants to stay?
My ex-wife has custody of my 15 year old daughter. They reside in another state. My daughter is here visiting me and wishes to stay. What must we do?
Asked on July 25, 2012 under Family Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to try and resolve the custodial issues between you and your former spouse where your daughter now wishes to stay with you is for you and your former spouse to discuss the situation to decide what is in your daughter's best interests as to where she will reside.
If your former wife is willing tha the daughter reside with you, then you should contact a family law attorney to draft an agreement for the transfer of custody in a written stipulation to be signed by you and the former spouse and filed in the court with a proposed order where the last custody order is in effect.
If you and the former spouse cannot agree to a change in custody and you want to change the current situation, then you will need to file a petition in the court where the last custody order is in effect for a change. The courts listen to children more as they get older as to where they wish to reside between the homes of divorced parents.
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.