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How old for a child to choose parent?

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ExInControl

Guest
My 7th grade daughter, who lives with her Dad, is, for the 3rd year, having learning problems at school. Her father will neither help her nor seek tutoring -- just ground her for bad grades. She is a slower learner, trying unsuccessfully to keep up with an average pace. I would like to take her next semester, put her in a charter school, and be available to help her with homework every night, explaining new concepts that she is NOT learning in a 50-minute class, yet is being sent home with homework (I homeschooled her for the first and second grade, so know her learning style!) Her father is denying this opportunity because (drum roll, please) HE HAS CUSTODY. How old, in Colorado, does she have to be to choose this option for herself? She was really hopeful about this. What kind of legal battle would I be up against?
 


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LadyBlu

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ExInControl:
My 7th grade daughter, who lives with her Dad, is, for the 3rd year, having learning problems at school. Her father will neither help her nor seek tutoring -- just ground her for bad grades. She is a slower learner, trying unsuccessfully to keep up with an average pace. I would like to take her next semester, put her in a charter school, and be available to help her with homework every night, explaining new concepts that she is NOT learning in a 50-minute class, yet is being sent home with homework (I homeschooled her for the first and second grade, so know her learning style!) Her father is denying this opportunity because (drum roll, please) HE HAS CUSTODY. How old, in Colorado, does she have to be to choose this option for herself? She was really hopeful about this. What kind of legal battle would I be up against?<HR></BLOCKQUOTE>


In most states in order to get a change of custody you would need to show a substantial change in circumstances before the courts would even consider changing custody. Most states also will allow a child at the age of 12 to voice their desire as to which parent they would prefer to live with. I would suggest you contact an atty in your area and use the free consultation to give them the facts and see if they feel you have enough to even file for change of custody.

I wish you luck.


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I am not an attorney, my replies are based on research materials and life experience. Yes I am sometimes wrong.
*Have you ever noticed? Anybody going slower
than you is an idiot, and anyone going faster than you is a maniac.
-- George Carlin *
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