Can a 15 year old choose which parent to live with? Dad and mom have never been to court; dad pays support with a check from his disability. A 15 year old child is not given absolute authority to decide which parent he will reside with, but his wishes will be very heavily weighed. Technically, if the non-custodial parent has court ordered visitation, then the child and custodial parent have to comply with it. If there was any kind of physical or sexual abuse to either the teen or the partner. Dad and mom have never been to court; dad pays support with a check from his disability. How old must a child be in order to choose which parent he or she wants to live with? Thank you for this question. It was a long drawn out affair with the courts. I’m 15 yrs old and I want to live with my mother. *ONLY* the parent where the child lived more than half the year can claim a child under the age if 19 (or 24 is a full time student). By 15 yrs alot of kids are so consumed with hanging with their friends that their parents become like a background noise. Asking the custodial parent to pay child support to the other parent if the child years later decides to move, may make agreement impossible. However, silence on the issue may greatly prejudice the non-custodial parent, resulting in pressure being placed on the child to sue his former custodian. If there’s any kind of illicit drug use by the non-custodial parent they should not have children of any age in their care. There is no comprehensive list because every family is different but these are a few of the most common reasons. Maybe getting the divorce done will help, maybe not. This is your choice as a parent; there’s no set age that determines when a child is allowed to say where he/she wants to live. If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them? 15 year old neice is visiting father out of state for scheduled visitation. Custodial Parent Responsibilities. Your email address will not be published. Divorce Court in Small or Rural Towns: Special Considerations – Men’s Divorce Podcast, How Hiring a Divorce Attorney Might Save You Money – Men’s Divorce Podcast, Cordell & Cordell’s Virtual Town Hall Offers Tips on Progressing Your Divorce Case During COVID-19, Click here for a full listing of offices nationwide. But I do not want to live with him I want to live with someone else so I can go to the same school what do I do and how do I do it. When a custodial parent dies, the non-custodial parent and other family members may be concerned about who will receive custody of the child. If a non-custodial parent is of the opposite sex of the child, the court may expect the parent's home to offer the child as much privacy as possible. 'After a few hours of staying at mine, my son says he wants to go home and doesn’t want to stay overnight.' Until now your kids have lived with you and seen your ex on alternate weekends. Tags: modification, Non-custodial parent, Hi I’m Sam I’m 15 and I want my dad to have cousidy of me so that I can get away from my mother. And it is rare for a court to make a custody and access order about a child who is 16 years old or older. who want to live with their non-custodial parent or with another family member Note: In this document, the parent or guardian with whom you currently live with most of the time is referred to as the “custodial parent” and the parent with whom you wish to move in with is referred to as the “non-custodial parent”. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. That means any kind of injuries or abuse you will legally be responsible for. How might that be possible? Typically these type of issues surface when the child is in the tween years, that age between 9 and 12. There are specific situations in which under no circumstance should a 15-year-old be allowed to live with the non-custodial parent. In most cases allowing your 15-year-old to live with a non-custodial parent is not a good idea. So ask yourself do you feel confident with your child’s safety and prosperity in the care of their non-custodial parent? However, please note that the court will want the child to have ongoing and consistent contact with each parent. If the non-custodial parent is struggling to take care of themselves they are not able to take care of a teen. There is a good chance that the bad qualities the non-custodial parent had in the past still exist, most people don’t change. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent. Maybe getting the divorce done will help, maybe not. Indiana law protects the rights of both "custodial parents" (the parent who primarily lives with the child) and "noncustodial parents" (the parent who spends less time with the child). It is your decision. I am a parent of a 15 1/2 year old daughter. For many states, the court must consider these factors in a best interest analysis: Which party is more likely to encourage and permit frequent and continuing contact between the child and another party; The present and past abuse committed by a party, whether there is continued risk of harm to the child and which party can better provide adequate physical safeguards and supervision of the child; -The parental duties performed by each party on behalf of the child; -The need for stability and continuity in the child’s life; -The well-reasoned preference of the child, based on the child’s maturity and judgment; -The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm; -Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs; -Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child; -The proximity of the residences of the parties; -Each party’s availability to care for the child or ability to make appropriate childcare arrangements; -The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. But you must have family law counsel and professionals on your team to save your son. The other main reason is a teenager can make the life of parent a living hell by running away and being disobedient if they so choose. Then your 15-year-old son rolls his eyes and says he’s not going. The non-custodial parent is not allowed to sign paperwork or documents for the teen. as the non-custodial parent of a 15 year old who wants to live with me, i am wondering if i have to force him to go back to his dad's since he doesn't want to go. Whether you child is a busy teen or an angry 8-year-old, the information below will possibly encourage closeness and a desire to spend time with the non-custodial parent. There is no way I can convince her to let me live with my dad. Lisa Karges, Florida Resident Partner - Tampa, FL. Child support may also be ordered to be paid by one parent to another when both parents are custodial parents and they share the child raising responsibilities. Just because his kids are with him for the weekend doesn’t mean the non-custodial parent will give them his undivided attention. Presence of any uncertainty, confusion, fear, or insincerity in the child’s expression of a custodial parent preference; Judges may prefer to discuss custodial parent preferences and custody arrangements with children in chambers in a more private setting. Apparently the 15 yr old is in the foster care system, so what you do is go to his caseworker and apply to foster him. Or sometimes one parent is less strict than the other and they’d rather be in an environment with less control. To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Caroline Thompson, contact Cordell & Cordell. A child … “This can wreak havoc in everyone’s life. The situation is increasingly problematic as the child approaches the age of majority (18 years old). proceeding) However, the Houston court of appeals came down on the issue differently. When the child spends equal time with both parents, for example, one week with one parent, another week with the other, then the parents are said to have shared residence of the child. Can a custodial parent allow a 16 year old to live with his no-custodial father [ 1 Answers ] Divorced for 9 years, great relationship with sons father. it really comes down to your specific situation and what you believe is best and most safe for the teen. The kid is old enough that the court will listen to the child's wishes and MOST likely side with the kid. In a sole physical custody arrangement, the child lives with one parent full-time, even if the non-custodial parent has visitation rights or shares in the legal custody arrangement. Daughter is 15. I love it! Or maybe you’ve had joint custody, but now your 13-year-old says she’s fed up with switching houses every week. Family Lawyer: ... A 13 year old does not get to have the final say in where they live. The courts have appointed you to be responsible for the teen that includes decisions like where they live. If a parent has the children ready to go and they refuse to go, the custodial parent could not be held in contempt. This is a very critical time in their life in which a wrong move could ruin a good portion of their life. The parents or legal guardians must prove the minor child will have the care and support they need during their stay in Canada. The choice of a lawyer is an important decision and should not be based solely upon advertisements. If 18 is the age of emaciation in your state as it sounds like it is then "custody" is moot and the tax provision that allows a "non-custodial parent to claim the exemption no longer exists. This type of behavior is often repeated and chances are it will repeat after the 15-year-old … Based on this standard a court begins with the opinion that the non primary parent (the parent with whom the child doesn’t live with primarily) should have at least a standard possession order awarded to them. Until now your kids have lived with you and seen your ex on alternate weekends. Daughter is 15. The court has designated your son's mother as the custodial parent, so she has the authority to decide where he will live until he is either 18 years old or the court determines otherwise. Office in Ridgeland, MS. Can a Child Choose to Live with the Non-Custodial Parent? It's important never to pressure or try to convince your child to live with you. Question Details: A friend's daughter lives with mom but wants to live with dad. 1995, orig. First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. She is also on the verge of just taking off and moving out but my cousin does not want to go with her. Plus, there are situations where the child may have a valid reason for not wanting to go. Any separation or divorce involving children will result in a custody order and visitation schedule. You cannot physically force a fifteen-year-old boy to visit a parent if he doesn’t want to. 7. Encourage Communication: Children want to communicate, to be understood and to understand. However, the Court found that the desire of the child not to visit with the other parent remains subject to review by the Court and determination of what is in the child’s best interest must be made in any other modification or alteration of visitation rights. Typically, courts permit visitation/access rights to non-custodial parents. What rights does a 16 year old have? Question Details: A friend's daughter lives with mom but wants to live with dad. Without a strong foundation at home, it is much more likely they are going to cave to these kinds of pressures. As parents, we have that advantage. Middle of the Night Uncontrollable Tantrums 2-year-old, How to Get your Son to Break up with his Girlfriend, Daughter Chooses Boyfriend Over Her Family, My Boyfriend’s Grown Daughter is Manipulative. The bad news is the road ahead is not going to be easy the good news is at the end of the day it is up to you they may resent you for a while but the decision is up to the guardian of the teen. Can I get in trouble for accepting my son at my house. 17-Year-Old Will Not Return to Custodial Parent, Non-Custodial Parent Taken to Court My question involves a child custody case from the State of: Michigan. 05-02-2011, 10:40 AM #2. cbg. Child Custody. This type of behavior is often repeated and chances are it will repeat after the 15-year-old moves in. Strong foundation at home, it can put you in a bad position scream or to. 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