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how old does a child need to be to decide which parent they want to live with CA

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Breezy01

Guest
When I divorced I moved to the state of Michigan and my children stayed in California with there father. We have 50/50 custody. At the time our divorce agreement stated that the children could decide which parent they wanted to live with. I have always abided by the childs wishes. When she was 11 my daughter wanted to stay with me instead of going back to California. We enrolled her in school, but after approx. 6 months she missed her brother and wanted to go home. Although we try not to interrupt there school year. I sent her home, she is now 13 and is being told by her father that she cannot come back out here to live until after she is 16. What are my legal courses since she wants to come back out here for the beginning of her 8th grade year in school.
 


LegalBeagle

Senior Member
Breezy01 said:
When I divorced I moved to the state of Michigan and my children stayed in California with there father. We have 50/50 custody. At the time our divorce agreement stated that the children could decide which parent they wanted to live with. I have always abided by the childs wishes. When she was 11 my daughter wanted to stay with me instead of going back to California. We enrolled her in school, but after approx. 6 months she missed her brother and wanted to go home. Although we try not to interrupt there school year. I sent her home, she is now 13 and is being told by her father that she cannot come back out here to live until after she is 16. What are my legal courses since she wants to come back out here for the beginning of her 8th grade year in school.
You get and attorney and petition for custody.. but, with her past, I am not sure a judge will listen to her anyway and probably decide the change would be too disruptive to her education.
 

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