Posted: 7/17/2009 10:31:42 AM EDT
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Does anyone here have any experience with custody disputes (for lack of a better word) when the child in question is a teenager? At what age does a teenager effectively have right to decide which parent he wants to live with?
A little background: My frist wife and I split when my son was 3. We were granted "shared parental custody" with her being the primary custodian and me having at least 3 months out of the year. Since she has always lived out of state since then it has effectively amounted to him living with her during the school year and with me during the summers, although there have been at least 3 years in which she was out of the country on deployments (she went active duty army as we were going through the dicorce) and he lived with me during those years. We have always worked out these temporary changes in a more or less friendly manner and have never revisted the courts. But it pretty much worked out that he was sent to live with us when it was prudent for her, but she has always fought tooth and nail to keep him from staying with us during the schoolwhen she was in the country. So now flash forward, he's 15 years old and about to enter his junior year. He lived with us his freshman year, with her his sophomore year, and is now saying that he wants to stay with us. He's currently living with us since it is "summer". So if he tells her that he wants to stay with us and it were to come to a fight, how much legal standing would he have in front of a court? Barring one parent being considered "unift", would a teenager be pretty much allowed to live in whichever home he wanted to? How does that work? Thanks, hopefully someone here has some insight/experience. Oh, and our divorce was processed here in Florida, and as I said we have never been in front of any other courts. She currently lives in North Carolina. |
| When I went through my divorce, my son was 6 and I got the managing conservatorshp of him. We did the every other weekend thing, and 30 days in the summer. This went until his junior year in school, and he was having some issues with my new wife, and he opted to finish school out of state with his mother. I checked into it, and was told if it went to court, the judge would basically ask him where he wanted to be, and 9 out of ten juges would go with that answer after the kid was 12 years old. Like you said, unless one parent was juged unfit. YMMV |
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I always heard that 12 was the age when they could choose. 12 is the age in which the court will weigh the childs choice into their decision. It does NOT mean they will always go with the childs choice. Most of the time they will, but it's not a sure thing. |
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Does anyone here have any experience with custody disputes (for lack of a better word) when the child in question is a teenager? At what age does a teenager effectively have right to decide which parent he wants to live with?
asking for legal advice in an online gun forum is not going to be productive. Call your attorney. |
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Lawyer up and take her to court. Chances are, unless she can provide some compelling reason why he shouldn't live with you, the judge will grant you custody. It won't be cheap, but it shouldn't be too expensive, either. Any idea of what a "ballpark" cost would be that I should expect? I've really never had any interaction with lawyers so I have no I have no frame of reference for what they cost... Thanks for the input guys. The son spoke to his mom over the weekend, and yeah, she thinks she is God's gift to parenthood and there is no way he can thrive under anyone's care but her. So I guess I'll have to lawyer up... |
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I always heard that 12 was the age when they could choose. 12 is the age in which the court will weigh the childs choice into their decision. It does NOT mean they will always go with the childs choice. Most of the time they will, but it's not a sure thing. That is what I was told when I went through this about 13 years ago. |
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I always heard that 12 was the age when they could choose. 12 is the age in which the court will weigh the childs choice into their decision. It does NOT mean they will always go with the childs choice. Most of the time they will, but it's not a sure thing. That is what I was told when I went through this about 13 years ago. How did it work out for you? Did it turn out to be true at the time? |
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I always heard that 12 was the age when they could choose. 12 is the age in which the court will weigh the childs choice into their decision. It does NOT mean they will always go with the childs choice. Most of the time they will, but it's not a sure thing. That is what I was told when I went through this about 13 years ago. How did it work out for you? Did it turn out to be true at the time? i was told this in the initial hearing. As my daughter was 6, it did not work out so well. |