• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

can my children chose where they live?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

singlemomoftwo

Junior Member
What is the name of your state?Nebraska
I was divorced 3 years ago and I have 2 children a son who is almost 10 and a daughter who is 5. Their father and I have joint custody. The visitation is: during the school year I have the kids and he has them every weekend. During the summer he has them and I have them every other weekend. The father lives in another county. (25 miles away) My son is begging me to let he and his sister stay with me. He wants to play baseball and attend swimming lessons and boy scouts with all his classmates in the summer. And he claims he rarely gets to see his dad. He has to stay with his step-mom all the time. (which he does'nt get a long with) He is upset because his dad makes him join a league and etc. in his county. Therefore, he does'nt get to see his friends much! Now, my son is involved in weekend sports, football, and gets tired of being hauled back and forth. My son is very very mature for his age. My daughter, was borth with some physical deformities. She is well accepted by her classmates, and she also, goes all summer without her friends. I think maintaining her friends is important. Do I have to wait until they are a certain age before I try to get the custody changed? Also, would a judge permit one child different arrangements than the other? I really want to keep both of them together.
 


charrityd

Junior Member
look into your satuates for maturity of chidren. It may be that you can petion the court and the judge may talk to your children in chambers. If their desire is to be with you all the time, the judge will take that into consideration. Don't forget to let the judge know that they spend their time w/ their step-mom. If it is "his" time and he is not utilizing it, that weighs heavy on the proceedings.
 

snostar

Senior Member
The court will view the relationship between the children and their father as far more important than that of the children and their friends.
 

LdiJ

Senior Member
singlemomoftwo said:
What is the name of your state?Nebraska
I was divorced 3 years ago and I have 2 children a son who is almost 10 and a daughter who is 5. Their father and I have joint custody. The visitation is: during the school year I have the kids and he has them every weekend. During the summer he has them and I have them every other weekend. The father lives in another county. (25 miles away) My son is begging me to let he and his sister stay with me. He wants to play baseball and attend swimming lessons and boy scouts with all his classmates in the summer. And he claims he rarely gets to see his dad. He has to stay with his step-mom all the time. (which he does'nt get a long with) He is upset because his dad makes him join a league and etc. in his county. Therefore, he does'nt get to see his friends much! Now, my son is involved in weekend sports, football, and gets tired of being hauled back and forth. My son is very very mature for his age. My daughter, was borth with some physical deformities. She is well accepted by her classmates, and she also, goes all summer without her friends. I think maintaining her friends is important. Do I have to wait until they are a certain age before I try to get the custody changed? Also, would a judge permit one child different arrangements than the other? I really want to keep both of them together.
There is a strong probability that you could get the orders changed so that you have some weekends with them during the school year, (at least one per month, and maybe two) and so that you get more than just every other weekend in the summer.....at least a couple of weeks of vacation time, and perhaps more.

Get a consult with a local attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top