Child custody

[richie1117]

What is the name of your state? New Jersey
I'm the non custodial parent in a joint custody of my 13 year old daughter with no set visitation schedule. My daughter is currently visiting with me for the weekend and has informed me that she wants to live with me and does not want to go home to confront her mother. She has threatend to run away from her mothers house before and will probably do it again if i send her back. What is the right thing to legally do to obtain custody without risking her running away until i can pick her up if i drop her off at her mothers?(She lives two hours away)

 

[stealth2]

She doesn't get to choose, and you really need to explain that to her. Her running away will cause more problems than it solves. You have to file for a change in custody (unless Mom agrees to the change), and you will have to prove that it is in the child's best interests to live with you rather than Mom.

 

[richie1117]

So basically the best and quickest way to help her is to try to get her mother to let her move in with me.

 

[stealth2]

Well, yes. That would be the best way for it to fall out.

 

[richie1117]

What about if she wanted to emancipate herself from us and live with a grandparent?

 

[stealth2]

No court is going to emancipate a 13yo child. Even were she older, to become emancipated, she would have to be completely self-supporting (and that would include having enough of an independent income to provide housing - not with her grandparents, family friends, etc - utilities, food, clothing, transportation, medical expenses, entertainment, etc.). That's a plan that's not going to happen.

 

[richie1117]

Thank you for all your help. Its greatly appreaciated.