Bigtime Custody Question

Question

Daughter is 16 and wants to stay with me, not her dad. Her father and I have Joint Custody.

After her last school year was finished, she decided to move in with me.

She formerly lived in NY. I live in VA. She is down here with me(Mom).

I have a court hearing later this month to change her "Primary Residence" to mine here in VA. Now her father wants to fight me on this. My question is this, with her being 16 years old, and not wanting to go back to her father, how much of a say does she have in the courts eyes? She has wanted to come down and live with me for some time. But her father wanted her to stay there in NY till school ended.

Once school ended he helped her pack all her belongs and her dog and sent her here with me as a permanent move.

Any thoughts or suggestions?

Thanks.

Answer 1

If the father is fighting you, then obviously it was never meant to be a permanent move. I think there is something you are not including here about that.

Being 16 years old, she will have a lot of say on where she lives. If she truly wants to be with you and that is in her best interest, then you have nothing to worry about.

Why would you move so far away from your minor child?

Answer 2

You have the upper hand in this situation. Your daughter is old enough to speak for herself, and choose in the legal systems eyes. You should have very little problems with gaining primary custody. I know that each state is different but here in Ohio Children can choose as young as 12 which parent they wish to reside with.

The fact that he assisted her in moving her things to your residence is another plus, I would call it a done deal. Where custody is concerned possession is 9/10's of the law.

I know I've been through this with two children, she is definitely old enough to go in to the court room and answer for herself.

Answer 3

Any child of the age of 16 years old, can go in front of the judge and tell him/her where they want to live..and the judge must take this into consideration.