Custody issues--over 16-can they choose?


#1

While a court may take your daughter’s preference into consideration, a child is never allowed to make the decision of where they live. It sounds like living with her father may not be in her best interests, so all of the things you said in your email are what you would need to prove if they took you to court.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

In our agreement I have custody of my kids ages 16 and 7. During this year of separation- I have had to be everything to the kids. I do have rules (which are not unreasonable). My ex is now engaged to marry a woman who has a 15 year old daughter. My ex told my 16 year old about how much trouble his girlfriend’s daughter gets into… example- drinks, gets caught with her boyfriend in her bedroom at 4:00am, has parties when left alone for the weekend, etc. My daughter (16) is impressed by the Lack of discipline in that other home- and the fact that they don’t take her cell phone or computer away for punishment… which I have figured out is my daughter’s currency…Now, she stated that she would like to live with them… but it is because of the consequences in that house versus mine. I am really not very strict- but since my daughter has never done anything like the other girl-- it seems like I hold her to higher standards… which I really do… I don’t know what to do- because I definitely don’t think it would be a good atmosphere for her to be in- and I don’t think I can compete with their lifestyle… If they try to get custody of my daughter - would I have any recourse? Or would my daughter merely get to choose?
I am confused…
Thanks,