14 yearold wants to move in with dad


#1

Is my child old enough to make this decision on her own? Her mom would definitely not be in agreement. What kind of obstacles or hurtles am I facing here?

Thanks for all input.


#2

Guess I should give a little more info. Ex does have primary custody. From everything I’ve read on here I think I will basically have to take back to court for a custody battle. Original papers were in rowan county. She now lives in Montgomery, I’m in Stanly. Can I have this moved to Stanly county?


#3

Yes, if your spouse does not agree to a change in custody you will have to file a motion to modify custody in the courts. Your motion must be based on a substantial change in circumstances, ie you must allege that some change has occurred which affects the best interests of your child.

A judge may wish to hear your daughter’s wishes, however the judge is not required to consider what the child wants, and has the discretion of whether or not to even speak with the child.

The action may be filed in Stanley County, and your ex will have the option of making a motion to change venue to her county as venue is the defendant’s right.


#4

Thanks, very informative… I’m am only confused on one thing. I’m the defendant in the Rowan county custody agreement. If I move to modify the agreement in Stanly county. Would I not still remain to be the defendant. Therefore allowing the case to be heard in my county.

Again Thanks


#5

My apologies, I must have confused the facts. If the action already lies in Rowan you will have to file your motion to modify there, and then may also move to change venue in Rowan County since no one remains in Montgomery Co.