Or maybe you’ve had joint custody, but now your 13-year-old says she’s fed up with switching houses every week. That parent has limited rights and there is a reason they don’t have joint custody. Until now your kids have lived with you and seen your ex on alternate weekends. Dad and mom have never been to court; dad pays support with a check from his disability. *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). 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. Encourage Communication: Children want to communicate, to be understood and to understand. See Fla. Stat. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window). The older the child the more weight the judge is likely to give to their wishes as they are theoretically of an age to better understand the consequences of their decision. 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. Can a 15 year old petition the law to live with a non custodial parent The child is currently living with a family he has known for 2 months. 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. Then your 15-year-old son rolls his eyes and says he’s not going. So you’re 15-year-old wants to live with a non-custodial parent. After working all week, he has responsibilities to take care of at home too. Your child's request to live with your ex doesn’t have to be seen as a negative evaluation of who you are as a person or a parent. It might cause him to equate time with one parent just as an alternative to punishment, which can negatively taint the way your son views time with that other parent. Ex Parte Rosser, 899 S.W.2d 382 (Tex.App.-Houston [14th Dist.] I love it! If you are not named as a parent, then you can't file either. Typically these type of issues surface when the child is in the tween years, that age between 9 and 12. If a teen were to fall into pitfalls like drugs or dropping out of school, it could take years to get their life back on course. Those who want to help should learn about the proper procedures to follow with your local family court to formally obtain child custody.The following information about child custody following the death of a parent can help you prepare. 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 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. it really comes down to your specific situation and what you believe is best and most safe for the teen. Or maybe you’ve had joint custody, but now your 13-year-old says she’s fed up with switching houses every week. Those my 17yr old attend a custody hearing in the state of texas. His mom always tells him no. Until now your kids have lived with you and seen your ex on alternate weekends. There is no easy answer to this situation. Whatever the reason, it can put you in a bad position. His father is currently incarcerated and he wants his son to live with me, also his son wants to live with me. No, the non custodial parent has to submit a modification of the custody agreement. 'After a few hours of staying at mine, my son says he wants to go home and doesn’t want to stay overnight.' If you believe at the non-custodial parent it’s capable I’ve taken care of the teen then you can consider allowing the 15-year-old to live with their non-custodial parent. Please note that the child would have to speak with the court and let them know his or her preference. If you’re having a hard time viewing your child's request objectively, talk with a friend or counselor about how you can separate your child’s request from your identity as a parent. 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. 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). Joseph Cordell, Principal Partner, licensed in MO and IL only. This refusal may result from alienation, anger, and sometimes fear. CORDELL & CORDELL, ST. LOUIS, MO. At other times, a child may feel bitter about the non-custodial parent's significant other. She comes from Texas, and is visiting Illinois, she flys, she refused to get on the plane to return home. Most likely, the court also considers any history of drug or alcohol abuse of a party or member of a party’s household, the mental and physical condition of a party or member of that party’s household and any other factors that are relevant to the situation. There is no comprehensive list because every family is different but these are a few of the most common reasons. 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. 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. Parents can decide visitation on their own, or hire a mediator to help. If there is a custody order in place, that order would need to be modified. If the non-custodial parent, it’s under extreme financial or work stress. The most important thing to consider is are they capable financially, physically, and mentally to take care of this teen. Your teenage child wants to change homes and live with your ex. 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. There are very few situations out there and in which it would be okay to let the teen move but they do exist. Threatening your teen with punishment or restricting his freedom will likely hurt more than it will help. However, the secondary residential parent or access parent often holds a dream that one day, their child will come to live with them as he or she has been living in their primary residence. Required fields are marked *. Don’t act like the parenting schedule is carved in stone, if you want to see your child, be willing to be flexible and work with them as well as the other parent. I have known him for over 7 years Dad and mom have never been to court; dad pays support with a check from his disability. 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 these type of issues surface when the child is in the tween years, that age between 9 and 12. 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. Jerrad Ahrens licensed in NE and IA only. Courts are careful not to put children in the middle of their parents’ custody battles. The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. State of Virginia; Two years ago my sister went to live with my dad. There are two major categories this type of situation falls under the first is that the child under no circumstance should be allowed to live with the non-custodial parent the other situation is the non-custodial parent is capable of taking care of the 15-year-old. If they do not, then the custodial parent can be held in contempt of court. Save my name, email, and website in this browser for the next time I comment. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live. Question Details: A friend's daughter lives with mom but wants to live with dad. I am currently 17 years old, being five months away from turning 18 in West Virginia and wanting to live with my father who has a criminal record of abuse and alcohol abuse but is now recovered and sober; though my mother refuses to easily let this happen. proceeding) However, the Houston court of appeals came down on the issue differently. The parents or legal guardians must prove the minor child will have the care and support they need during their stay in Canada. Custodial Parent Responsibilities. As parents, we have that advantage. There is a good chance that the bad qualities the non-custodial parent had in the past still exist, most people don’t change. Non-custodial parents still remain obligated to pay a proportion of the costs involved in raising the child. Not to mention the kind of stress teens experience in high school. 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. 15 year old children are still children and subject to the authority of their parents. The non-custodial parent has limited legal capabilities over the teen so make sure that if you are going to allow your teen to move in, they are still close to you. 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. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. By my dad won’t let me because he says she’s too nice to me and threatens to lock me up if I do anything he doesn’t like. If a child in this situation doesn't particularly want to live with one of the parents, the child will become resentful and potentially act out. As a matter of fact I started a divorce three years ago. THIS IS AN ATTORNEY ADVERTISEMENT. Hero Images / Getty Images. My 17-year-old son has run away from his custodial parent and has told his school counselor and others that he would rather kill himself than go back due to many ongoing issues which have become too much for him to deal with. Just because his kids are with him for the weekend doesn’t mean the non-custodial parent will give them his undivided attention. on whatever whim they had at the moment. That means any kind of injuries or abuse you will legally be responsible for. Old enough and mature enough is generally considered to be around 10 or 12 years of age. “This can wreak havoc in everyone’s life. Thank you for this question. Need son to live with father in order to get him into a … Daughter is 15. This is a gray area in parental legality and I would recommend.