Teen choosing which parent to live with

North Carolina Divorce Law Divorce and Separation Answers
1

My ex wife and I have joint custody and a consent order for custody and visitation with my ex having primary due to living in different states.

My daughter who is 13 told me during her last visit with me that she wants to move to live with me. If the Custodial parent does not agree what is the process. Do I file a motion for modification?

Thank you

2

Yes, you can file a motion to modify custody. At her age a judge can, in his discretion, consider her opinion and she may or may not be allowed to testify, depending again on the judge.