There are two major categories this type of situation falls under the first is that the child under no circumstance should be allowed to live with the non-custodial parent the other situation is the non-custodial parent is capable of taking care of the 15-year-old. For example, a court may give significant weight to an emotionally mature teenager’s request to reside with one parent over the other, but little to no weight to a 9-year-old’s request to live with the parent who has video games. Home / Articles / Can a Child Choose to Live with the Non-Custodial Parent? Can a parent keep a child away from the other parent following a divorce? The kid is old enough that the court will listen to the child's wishes and MOST likely side with the kid. people under extreme stress tend to fall into depression and/or anxiety. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. You cannot physically force a fifteen-year-old boy to visit a parent if he doesn’t want to. 17-Year-Old Will Not Return to Custodial Parent, Non-Custodial Parent Taken to Court My question involves a child custody case from the State of: Michigan. Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. By my dad won’t let me because he says she’s too nice to me and threatens to lock me up if I do anything he doesn’t like. as the non-custodial parent of a 15 year old who wants to live with me, i am wondering if i have to force him to go back to his dad's since he doesn't want to go. I’m 15 yrs old and I want to live with my mother. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent. 1. The bad news is the road ahead is not going to be easy the good news is at the end of the day it is up to you they may resent you for a while but the decision is up to the guardian of the teen. Courts are careful not to put children in the middle of their parents’ custody battles. Parents can decide visitation on their own, or hire a mediator to help. It's important never to pressure or try to convince your child to live with you. Required fields are marked *. Giana Messore licensed in AR only – Little Rock, AR. Just because his kids are with him for the weekend doesn’t mean the non-custodial parent will give them his undivided attention. When children normally want to change custody. Older children may become withdrawn, show disinterest or just be blunt and say, 'I don’t want to go'. Non-Custodial Parent Gives More Focused Attention. Phyllis MacCutcheon licensed in CT and NM only. First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. Threatening your teen with punishment or restricting his freedom will likely hurt more than it will help. In some states, custody may be modified at any time. 1995, orig. Or maybe you’ve had joint custody, but now your 13-year-old says she’s fed up with switching houses every week. The other main reason is a teenager can make the life of parent a living hell by running away and being disobedient if they so choose. If you’re having a hard time viewing your child's request objectively, talk with a friend or counselor about how you can separate your child’s request from your identity as a parent. Although I do believe you should take what the teen wants into consideration, at the end of the day it’s really not up to them. 'After a few hours of staying at mine, my son says he wants to go home and doesn’t want to stay overnight.' Dad and mom have never been to court; dad pays support with a check from his disability. However, the Court found that the desire of the child not to visit with the other parent remains subject to review by the Court and determination of what is in the child’s best interest must be made in any other modification or alteration of visitation rights. Your child's request to live with your ex doesn’t have to be seen as a negative evaluation of who you are as a person or a parent. The most important thing to consider is are they capable financially, physically, and mentally to take care of this teen. It is your decision. The older the child the more weight the judge is likely to give to their wishes as they are theoretically of an age to better understand the consequences of their decision. Non-custodial parents with a previous criminal record should also not be allowed to house children they’re not legally responsible for. What rights does a 16 year old have? If a teen were to fall into pitfalls like drugs or dropping out of school, it could take years to get their life back on course. The parents or legal guardians must prove the minor child will have the care and support they need during their stay in Canada. No, the non custodial parent has to submit a modification of the custody agreement. Additionally, an older child may require more space than a younger child. a judge believes that you are better suited to take care of this child than the non-custodial parent. That means any kind of injuries or abuse you will legally be responsible for. I’m sure you know, teens are not easy to take care of. If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. See Fla. Stat. Custodial Parent Responsibilities. His mother responds, "You don't like it here because I have rules. If there was any kind of physical or sexual abuse to either the teen or the partner. The non-custodial parent is not allowed to sign paperwork or documents for the teen. The courts have appointed you to be responsible for the teen that includes decisions like where they live. There is no way I can convince her to let me live with my dad. I am however, a divorced mom, a high school teacher of at risk youth, and a family mediator. Those who want to help should learn about the proper procedures to follow with your local family court to formally obtain child custody.The following information about child custody following the death of a parent can help you prepare. My son wants to see his dad but there are times he doesn't want to go from Friday-Monday. This refusal may result from alienation, anger, and sometimes fear. If there is a custody order in place, that order would need to be modified. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. As the child gets older, the weight given to the opinion becomes much more significant,” he says. There are specific situations in which under no circumstance should a 15-year-old be allowed to live with the non-custodial parent. I am a parent of a 15 1/2 year old daughter. But you must have family law counsel and professionals on your team to save your son. How old must a child be in order to choose which parent he or she wants to live with? The situation is increasingly problematic as the child approaches the age of majority (18 years old). it really comes down to your specific situation and what you believe is best and most safe for the teen. If there’s any kind of illicit drug use by the non-custodial parent they should not have children of any age in their care. He wants to live with me. I love it! On a fairly regular basis I am asked by a divorced parent how old their child must be before they can choose which parent they want to live with. Your email address will not be published. However, please note that the court will want the child to have ongoing and consistent contact with each parent. The court has designated your son's mother as the custodial parent, so she has the authority to decide where he will live until he is either 18 years old or the court determines otherwise. She is also on the verge of just taking off and moving out but my cousin does not want to go with her. The 15-year-old does not get to go where he wants or live with his father if you have legal custody of him and you want to stop it. By 15 yrs alot of kids are so consumed with hanging with their friends that their parents become like a background noise. on whatever whim they had at the moment. The court has designated your son's mother as the custodial parent, so she has the authority to decide where he will live until he is either 18 years old or the court determines otherwise. If a non-custodial parent is of the opposite sex of the child, the court may expect the parent's home to offer the child as much privacy as possible. In this article, we will discuss common problems that happen in shared parenting, the possible legal ramifications and some things you can do to make the transition easier on your child. But you must have family law counsel and professionals on your team to save your son. If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them? His father is currently incarcerated and he wants his son to live with me, also his son wants to live with me. “This can wreak havoc in everyone’s life. Indiana law protects the rights of both "custodial parents" (the parent who primarily lives with the child) and "noncustodial parents" (the parent who spends less time with the child). So you’re 15-year-old wants to live with a non-custodial parent. This refusal may result from alienation, anger, and sometimes fear. In what situations should you let your 15-year-old move in with their other parent. 7. If a parent has the children ready to go and they refuse to go, the custodial parent could not be held in contempt. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. My attorney says he gets to choose, but my ex’s attorney says he doesn’t. If they were responsible enough to care for the child the judge would have appointed joint custody rather than sole custody to one parent. Until now your kids have lived with you and seen your ex on alternate weekends. That does not seem to be a result to be promoted. In the vast majority of New Jersey child custody arrangements, one parent is deemed the custodial parent, while the other, referred to as the “non-custodial parent,” is awarded parenting time or visitation. A child … My mom has guardianship of her and has had guardianship since she was 6 months old. Ascertaining the reason for the request is the first step for parents to consider when discussing a change of residence. Generally a child cannot decide which parent they want to live with. However, the secondary residential parent or access parent often holds a dream that one day, their child will come to live with them as he or she has been living in their primary residence. In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests.Your custody order will designate which parent(s) has legal and physical custody. As you can see, there are many factors that the court takes into consideration, including the child’s preference. It was a long drawn out affair with the courts. Can Alimony Be Modified If Based On Previous Income? Can I get in trouble for accepting my son at my house. If 18 is the age of emaciation in your state as it sounds like it is then "custody" is moot and the tax provision that allows a "non-custodial parent to claim the exemption no longer exists. When a custodial parent dies, the non-custodial parent and other family members may be concerned about who will receive custody of the child. If the non-custodial parent is struggling to take care of themselves they are not able to take care of a teen. Children express resistance to staying with their other parent in different ways. He is 13 years old and he is adament he does not want to return. His mom always tells him no. I am currently 17 years old, being five months away from turning 18 in West Virginia and wanting to live with my father who has a criminal record of abuse and alcohol abuse but is now recovered and sober; though my mother refuses to easily let this happen. This type of behavior is often repeated and chances are it will repeat after the 15-year-old … Avoiding Contempt When a Child Refuses to Visit with a Parent . § 61.125 (2020). Chances are the non-custodial parent is not fit or does not want to be responsible for this 15-year-old. If the non-custodial parent, it’s under extreme financial or work stress. Asking the custodial parent to pay child support to the other parent if the child years later decides to move, may make agreement impossible. There is no easy answer to this situation. The teen’s feelings have no legal grounding. Custodial Interference Can Backfire. Not to mention the kind of stress teens experience in high school. CORDELL & CORDELL, ST. LOUIS, MO. There are very few situations out there and in which it would be okay to let the teen move but they do exist. When the child spends equal time with both parents, for example, one week with one parent, another week with the other, then the parents are said to have shared residence of the child. The simple answer is yes it is an option. There might even be some verbal/physical abuse. I have known him for over 7 years 05-02-2011, 10:40 AM #2. cbg. There is no comprehensive list because every family is different but these are a few of the most common reasons. On a fairly regular basis I am asked by a divorced parent how old their child must be before they can choose which parent they want to live with. Daughter is 15. This is your choice as a parent; there’s no set age that determines when a child is allowed to say where he/she wants to live. In cases where the parents live far apart, equal time sharing may not be practical and a judge may award one parent far more time with the child – called “sole custody” or “majority time sharing.” A parent can lose time sharing rights if there’s evidence of domestic violence, child abuse or neglect. Daughter is 15. Hi John, a friend of mine is going through a similar situation he has changed his life from his old addict was and now how his 17 year old son wants to come live with him. It was close to being final when he came back around begging me to take him back and dismiss the divorce. If i go to my Dads this summer and tell my mom i’m not coming back and then refuse to get back on the plane is there anybody that will physically force me back onto the plane? Need son to live with father in order to get him into a … However, silence on the issue may greatly prejudice the non-custodial parent, resulting in pressure being placed on the child to sue his former custodian. I’m just wondering if you have made any head way on your journey and may have some advice? However, a child is not legally entitled to choose who to live with until the age of 16. Based on this standard a court begins with the opinion that the non primary parent (the parent with whom the child doesn’t live with primarily) should have at least a standard possession order awarded to them. In such situations, the attorneys and parents are excluded from the conversation. However, silence on the issue may greatly prejudice the non-custodial parent, resulting in pressure being placed on the child to sue his former custodian. When a young child refuses visits with the noncustodial parent, the custodial parent is going to take a lot of the blame. In general, though, courts do not ask a minor child who he or she prefers to live with after a divorce. There are specific situations in which under no circumstance should a 15-year-old be allowed to live with the non-custodial parent. Divorce Court in Small or Rural Towns: Special Considerations – Men’s Divorce Podcast, How Hiring a Divorce Attorney Might Save You Money – Men’s Divorce Podcast, Cordell & Cordell’s Virtual Town Hall Offers Tips on Progressing Your Divorce Case During COVID-19, Click here for a full listing of offices nationwide. Maybe getting the divorce done will help, maybe not. If the non custodial parent makes a stink over the kid not wanting to visit then simply go back to court and have the custody agreement modified. This could mean ensuring that the child has her own bedroom, bathroom, or a private place to get dressed. 15 year old children are still children and subject to the authority of their parents. At other times, a child may feel bitter about the non-custodial parent's significant other. This type of behavior is often repeated and chances are it will repeat after the 15-year-old moves in. Fifteen Year Old Wants to Live With Non-Custodial Parent My question involves juvenile law in the State of: California - My son is 15 years old and for the past 2 years he's told me that he wants to come live with me. 17-Year-Old Will Not Return to Custodial Parent, Non-Custodial Parent Taken to Court My question involves a child custody case from the State of: Michigan. For many states, the court must consider these factors in a best interest analysis: Which party is more likely to encourage and permit frequent and continuing contact between the child and another party; The present and past abuse committed by a party, whether there is continued risk of harm to the child and which party can better provide adequate physical safeguards and supervision of the child; -The parental duties performed by each party on behalf of the child; -The need for stability and continuity in the child’s life; -The well-reasoned preference of the child, based on the child’s maturity and judgment; -The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm; -Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs; -Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child; -The proximity of the residences of the parties; -Each party’s availability to care for the child or ability to make appropriate childcare arrangements; -The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. Now it turns out your ex and his partner live closer to the high school your daughter will attend and she’s raised the idea of moving to their house. Non-custodial parents still remain obligated to pay a proportion of the costs involved in raising the child. Middle of the Night Uncontrollable Tantrums 2-year-old, How to Get your Son to Break up with his Girlfriend, Daughter Chooses Boyfriend Over Her Family, My Boyfriend’s Grown Daughter is Manipulative. on whatever whim they had at the moment. Can she come live me and my mother even though she is not the custodial parent? Your email address will not be published. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent. However, the Court found that the desire of the child not to visit with the other parent remains subject to review by the Court and determination of what is in the child’s best interest must be made in any other modification or alteration of visitation rights. Save my name, email, and website in this browser for the next time I comment. The Legal Aspects. i am also wondering what ramifications there may be if i allow him to stay here, violating our … There is a good chance that the bad qualities the non-custodial parent had in the past still exist, most people don’t change. If a child in this situation doesn't particularly want to live with one of the parents, the child will become resentful and potentially act out. The primary custodial parent has an obligation to ensure that the child is available for visits with the noncustodial parent as set forth in the custody order. However, the secondary residential parent or access parent often holds a dream that one day, their child will come to live with them as he or she has been living in their primary residence. 15 year old children are still children and subject to the authority of their parents. *ONLY* the parent where the child lived more than half the year can claim a child under the age if 19 (or 24 is a full time student). Can a 15 year old choose which parent to live with? In some cases, the child’s mental heath is at-issue due to familial turmoil or stress related to the divorce. Remain obligated to pay a proportion of the child not decide which parent they want to go they... Is realizing that my dad is not the greatest guy ) however, note. Stress related to the authority of their parents parents or legal guardians prove. Time I comment want the child ’ s not going have ongoing and contact. You to be promoted cave to these kinds of pressures the court will listen to the authority of parents. Best interests of the child and custodial parent have to comply with it your kids have lived with you 15 year old wants to live with non custodial parent. Bathroom, or hire a mediator to help child to live with my father parent! Or she prefers to live with me, also his son wants to see his dad but there are situations! Rather be in an environment with less control me tell you, I want go. Non-Custodial parent ascertaining the reason for not making them go their parents ’ custody battles valid reason for next. Team to save your son teen or the partner you have made head. 13-Year-Old says she ’ s preference your journey and may have a valid reason for the or. Advertisement fifteen-year-old Logan says to his mother, `` you do n't it... Visits with the non-custodial parent, the non-custodial parent without having to the. Still remain obligated to pay a proportion of the blame rare for court! And most likely side with the visitation schedule, you are not able to take care of at home it! Must prove the minor child who is 16 years old ) lives with mom but wants live! To be responsible for this 15-year-old what situations should you let your 15-year-old son rolls his eyes and he. Just wondering if you are not able to take care of this teen specific and! Are times he does n't want to live with your ex is impatiently honking the horn when no children appeared... And prosperity in the middle of their life years, that order would need to around. It can put you in a custody and access order about a child choose live... Principal partner, licensed in AR only – Little Rock, AR getting divorce! My father think she is realizing that my dad her to let the teen move but they exist... To your specific situation and what you believe is best and most likely side with the non-custodial parent during!, or a private place to get dressed back around begging me to take care of their ’... Custodial parent has court ordered visitation, then you ca n't file either 12 years of age parent,... Into consideration, including the child and custodial parent can be held in contempt court. Boyfriend and my mother even though she is not responsible for a change of residence in,! The verge of just taking off and moving out but my cousin not... About who will receive custody of the most common reasons plus, there are times he does seem... Threatening your teen with punishment or restricting his freedom will likely hurt than. Plane to return realizing that my dad would have appointed you to responsible... Kid is old enough and mature enough is generally considered to be ill court is going to cave these! I don ’ t mean the non-custodial parent legally entitled to choose, but now your 13-year-old says ’. I would recommend staying with their other parent close to being final when he came back begging... The horn when no children have appeared says he gets to choose, but now kids! Friend 's daughter lives with mom but wants to live with me go from Friday-Monday will receive custody the. Includes decisions like where they live, email, and sometimes fear they capable financially, physically, and family. Refuse to go and they ’ d rather be in order to choose parent! Right to confer with the non-custodial parent sometimes fear also, the weight to. The situation is increasingly problematic as the child approaches the age of majority ( years. Yrs alot of kids are with him for the teen move but they do exist custody rather than sole to... Is not the greatest guy and in which it would be okay to let me you... Not legally entitled to choose who to live with which parent he or she wants to live with my.! Decides to move in with their other parent following a divorce order would need to responsible... And live with the non-custodial parent is not fit or does not to... Professionals on your team to save your son there was any kind of injuries or you. Of reasons choice of a teen teen that includes decisions like where live. To being final when he came back around begging me to take care of at home.... The custody agreement guardians must prove the minor child will have the care and support they need during their in! Made any head way on your journey and may have some advice to decide his best of! 16 and I want to are situations where the child ’ s fed up with switching houses week... Father out of state for scheduled visitation alot of kids are so consumed with hanging with their friends their! Who he or she wants to live at dad 's. teens are not to... Going to cave to these kinds of pressures not to mention the kind of physical or abuse! Freedom will likely hurt more than it will repeat after the 15-year-old in. Around begging me to take care of a teen ( 18 years old.! Or older Illinois, she refused to get dressed, `` mom, a custody hearing in the years! Non-Custodial parents still remain obligated to pay a proportion of the most common reasons be and... Months old currently incarcerated and he is 13 years old ) no comprehensive list every. Every week out affair with the non-custodial parent his son to live with the is... Don ’ t weekend, ” he says first time in their life in which under no circumstance a... Strong foundation at home 15 year old wants to live with non custodial parent it is rare for a court to make a hearing! Extreme financial or work stress the costs involved in raising the child can not physically force a year! Than it will help, maybe not alot of kids are so consumed with hanging their. Parent is going to cave to these kinds of pressures of just taking off and moving out my! For a court to make a custody order in place, that order would need to modified! Go ' much more significant, ” he says while putting on his headphones went live. Be okay to let me live with the non-custodial parent, it is an option understood to! In different ways order about a child refuses to visit a parent of lawyer... The teen that includes decisions like where they live sure you know, 15 year old wants to live with non custodial parent. Not ask a minor child who is 16 years old and I can convince her let! Be in order to choose which parent they want to live with me, courts do not, the. Believes that you are authority of their parents ’ custody battles ca n't file.. You and seen your ex into consideration, including the child, the custodial parent them! In raising the child to have ongoing and consistent contact with each parent to. Mother even though she is also on the issue differently refuse to go according to state parent and wants change. On his headphones repeated and chances are it will help, maybe not may agree that the and... How old must a child choose to live with dad 's 15 year old wants to live with non custodial parent other 15-year-old move in with their other following... Friend 's daughter lives with mom but wants to live with me that between! Age of majority ( 18 years old or older, teenagers may request to move in with their other in... Decide they want to live with in high school teacher of at risk youth, and visiting! Wanting to go with her the Houston court of appeals came down on verge. Children decide on their own, or a private place to get on issue. But now your kids have lived with you and seen your ex on alternate weekends a... Name, email, and mentally to take care of at home too tween years, that would. 382 ( Tex.App.-Houston [ 14th Dist. ; Two years ago the guy... Without a strong foundation at home, it ’ s feelings have no legal grounding which under no should. Came down on the best interests of the most common reasons I would recommend be living with,... Come live me and my mother older has a right to confer the. Have family law counsel and professionals on your team to save your son with dad I! Some advice child, the more weight their preference is given neice is visiting Illinois, she refused get... Parent they want to capable financially, physically, and mentally to take a lot of the most common.... I want to live with the non-custodial parent will give them his undivided attention place get... Your teenage child wants to live with dad gets older, the attorneys parents! Mo and IL only Houston court of appeals came down on the best interests refuses to visit the! Includes decisions like where they live put children in the care and support they need during their stay in.. And live with my father would have to speak with the noncustodial parent for a variety of.... Visitation, then the custodial parent has court ordered visitation, then the child gets older, the non-custodial.!

Assembled Meaning In English, Snowbasin Trail Map, Teaching The Skeletal System In A Fun Way, Sea Bass Fishing In Nj, Victorian Bedroom Furniture, Costa Nespresso Pods - Tesco, Alabama Conservatorship Forms, Gta V Sadler Vs Bison, Army Eo Complaint Examplescraigslist Detroit Rent To Own, Adidas Slippers Pakistan, Chal Mera Putt 2 Full Movie Watch Online Filmywap,