child custody

[leeinpa]

What is the name of your state?Pennsylvania,,,My question is how old does a child have to be to decide who they want to live with? Also My daughter is 15 almost 16, she wants to move back with me her father who lives in New Jersey doesn't want her too.
When I was having problems with my daughter and she went back to NJ with her dad I had a paper that I wrote notorized saying that I gave him all legal responsibilities for her. It was never taken to court,,,since then my daughter and I have started talking and working things out,,she is here with me now and her father who is disabled from a gun shot wound on the job and has no place to stay at the moment, is threatening to come and get her in the morning. I don't think he can because she is old enough to speak her mind and also where she was staying they kicked her out, that is why I went and picked her up so if someone could respond as quick as possible I would appreciate it.

 

[Jeter]

You did not specify, but based on your post I am assuming that you are divorced and you have custody of the child? If that is not the case then please specify who has custody.

If that is the case, then barring a court order, or reaching her 18th birthday, neither she, you or your husband may decide who she lives with. She should be living with you. According to the law she is a minor. She may be old enough to speak her own mind, but she isn't old enough to decide where she lives.

A notarized letter doesn't give your husband residential custody for one second. It makes you an unfit parent if that child is harmed as a result of your decision. Children shouldn't be carted around and pawned off based upon the current state of affairs between them and their respective parent. That's why a court weighs the options based upon all the details and ultimately decides what is in the child's best interest. You were in contempt when you sent her away.

 

[leeinpa]

according to the courts I have custody,,,I was not aware of this rule about everything needs to go thru the courts,,,but I'm very aware now and I thank you we have been divorced since my daughter was five years old..I think I will be calling a lawyer in the morning. thank you