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Minor Child

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Browneyes86

Guest
My daughter is in Air Force and will be leaving to go to Korea in Feb 2005, for 13 months.Her daughter is 15 yrs and will turn 16 in Jan 2005 .They are divorced and she has custody of her, her father lives in KY, retired Air Force and mother live in NC.Child says she don't want to live with father, can she choose who she will live with while mother is overseas, in korea.? Please advise...
 


BelizeBreeze

Senior Member
No she cannot. She either goes to daddy's or becomes emancipated or (if daddy agrees) someone else can ask for guardianship.

children don't get to decide. That's why there are courts.
 

LdiJ

Senior Member
BelizeBreeze said:
No she cannot. She either goes to daddy's or becomes emancipated or (if daddy agrees) someone else can ask for guardianship.

children don't get to decide. That's why there are courts.
Uh....that isn't a good answer to that particular question. Most of the time you are on "target" but I think you blew that one.

No, minors don't get to "decide" however their wishes ARE taken into consideration, particularly at their ages. In this case its a miltary move, the child is old enough that her wishes WILL be considered, it isn't a type of "deployment" that prohibits minors from accompaning their military parents....nor a move that necessarily interrupts the current parenting schedule. (depending on the exisiting distance and schedule)

Therefore if its already a long distance situation and mom can maintain the current schedule dad may not have a leg to stand on.

If the kids WANT this cultural opportunity and want to remain with mom they are old enough that a judge may not feel that it wouldn't damage the parent/child relationship between the dad and kids even IF the current schedule can't be maintained.
 

stealth2

Under the Radar Member
LDi... I may be mistaken but the kid doesn't want to go to Korea with Mom. Kid wants to choose some other person/family to live with. That isn't going to fly.
 

LdiJ

Senior Member
stealth2 said:
LDi... I may be mistaken but the kid doesn't want to go to Korea with Mom. Kid wants to choose some other person/family to live with. That isn't going to fly.
Yeah, I went back and read it again. I first read it to mean that the child wanted to go with mom. Now I see that I read it incorrectly. A judge may not interrupt the child's schooling for the semester she will in be when mom leaves (that is a major problem in high school) but I can't see much chance that the child won't be required to live with dad after that.
 

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