Can my child choose?

[Jim36]

my ex-wife is custodial parent according to our agreement 12 years ago. the agreement was in florida. my ex moved to georgia after the divorce. my daughter is now 16 and has been living with me for a year while i still pay child support. ex-wife wants daughter back in georgia. daughter wants to stay with me in florida. any way to resolve this without ugly battle? is my daughter old enough to choose?

 

[Grace_Adler]

First if she was living with you you should have had the cs order modified and shouldn't have been paying support. But was this custody arrangement between the 2 of you or an order? If it's an order you can modify and she's old enough to have her feelings be taken into consideration. You can go file for custody yourself and if you win you need to file to have cs terminated and then go file for yourself.

 

[Jim36]

can my child choose

thank you for your reply. this was an agreement we both signed in our divorce. my daughter living with me for the past year was a verbal agreement and was the ex's idea. i , of course jumped at the opportunity. did not modify because we have been to court twice before for custody. did'nt think she would put our daughter through this anguish again.

 

[alwaystheblame]

jim36, I hear where your coming from... if your child is happy and well adjusted..and wants to stay for good reason.. then I think this is what should be considered..
I currious as to why the mother wants her back after a year...
good luck to you and stop that child support.. you can prove she lived with you from school records..

 

[Jim36]

can my cild choose?

thank you for your interest. the reason{s} my ex is giving is/are that our daughter's grades in school were'nt as good as should be. the grades were from the first 9 weeks of school. there was an 'adjustment period' of course, but we stayed on top of it. now she already has enough credits to move on to 11th grade- only halfway through the year! mydaughter has told me she wants to stay with me in fl. because her mother is trying to relive her youth through her by making her join marching band, cross country track, swim team, and a few others. i believe kids should have healthy athletic or intellectual after school activities, but it should not be forced on them. this is getting away from the subject. my daughter wants to stay- i want her to stay. any way of doing this without agonizing or expensive court battle? is my daughter old enough to make this decision? any and all replies welcome.

 

[Grace_Adler]

I'm sorry, me personally, I don't see anyway around going to court unless your ex decides to be nice. You really should try to go for custody or get the divorce decree modified..if that's possible. I don't have any other ideas on how you should handle it. Sorry, I wish I could help more and good luck to you.

 

[Jim36]

can my child choose?

thank you all for your input! i just got off the phone with my ex and i believe i've talked some sense into her. she apologized for upsetting our daughter and agreed not to take her back to georgia. she stopped short of agreeing to modifying the custody and support order, though. we will have to meet face to face to discuss that. she says that she feels like she would be abandoning her kid if she signed over custody. can't say i did'nt feel the same 12 years ago. my ex also said that she realized that our daughter was happier here and that she still loves her mom. it's a start, i'll keep you posted.

 

[Grace_Adler]

Great!! I hope things work out..let us know!