As you can see, there are many factors that the court takes into consideration, including the child’s preference. I live with my mom, her boyfriend and my 15 year old cousin. If a child decides to live with the non-custodial parent, is there anything the custodial parent can do to stop that child from doing so? Asking the custodial parent to pay child support to the other parent if the child years later decides to move, may make agreement impossible. Family Lawyer: ... A 13 year old does not get to have the final say in where they live. There is a good chance that the bad qualities the non-custodial parent had in the past still exist, most people don’t change. 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. As a matter of fact I started a divorce three years ago. Badmouth the other parent. This also depends on whether there is a custody order. By 15 yrs alot of kids are so consumed with hanging with their friends that their parents become like a background noise. Now it turns out your ex and his partner live closer to the high school your daughter will attend and she’s raised the idea of moving to their house. If there was any kind of physical or sexual abuse to either the teen or the partner. 15 year old neice is visiting father out of state for scheduled visitation. 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. My son wants to see his dad but there are times he doesn't want to go from Friday-Monday. Question Details: A friend's daughter lives with mom but wants to live with dad. 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. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party. Now I think she is realizing that my dad is not the greatest guy. Office in Ridgeland, MS. Can a Child Choose to Live with the Non-Custodial Parent? There is no easy answer to this situation. As parents, we have that advantage. Generally, parenting time and visitation are interchangeable terms, used to refer to the time that the child spends with the parent who does not have sole legal custody. No, the non custodial parent has to submit a modification of the custody agreement. The parent who has the child live with them most of the time is called the resident parent and the other parent is called the non-resident parent. There is no way I can convince her to let me live with my dad. In the vast majority of New Jersey child custody arrangements, one parent is deemed the custodial parent, while the other, referred to as the “non-custodial parent,” is awarded parenting time or visitation. In some cases, the child’s mental heath is at-issue due to familial turmoil or stress related to the divorce. I am however, a divorced mom, a high school teacher of at risk youth, and a family mediator. If you’re a non-custodial parent, invite your children to just grab dinner or come over after school instead of making them feel obligated for a whole weekend or evening. Now it turns out your ex and his partner live closer to the high school your daughter will attend and she’s raised the idea of moving to their house. Home / Articles / Can a Child Choose to Live with the Non-Custodial Parent? Dad and mom have never been to court; dad pays support with a check from his disability. Both types of parents have specific custody and visitation rights, but a child’s best interests—not parental rights—will guide Indiana judges making custody decisions. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Older children may become withdrawn, show disinterest or just be blunt and say, 'I don’t want to go'. Save my name, email, and website in this browser for the next time I comment. Until now your kids have lived with you and seen your ex on alternate weekends. Asking the custodial parent to pay child support to the other parent if the child years later decides to move, may make agreement impossible. As the child gets older, the weight given to the opinion becomes much more significant,” he says. In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests.Your custody order will designate which parent(s) has legal and physical custody. At the end of the day, the non-custodial parent is not responsible for the 15-year-old, you are. The situation is increasingly problematic as the child approaches the age of majority (18 years old). Can a 15 year old choose which parent to live with? 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? 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. This could mean ensuring that the child has her own bedroom, bathroom, or a private place to get dressed. 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”. 15 year old children are still children and subject to the authority of their parents. The kid is old enough that the court will listen to the child's wishes and MOST likely side with the kid. 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. First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. His mother responds, "You don't like it here because I have rules. However, teenagers may request to move in with the noncustodial parent for a variety of reasons. Your teenage child wants to change homes and live with your ex. And can older children decide on their own whether or not they want to visit the non-custodial parent? 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). Fifteen-year-old Logan says to his mother, "Mom, I want to live at Dad's." 05-02-2011, 10:40 AM #2. cbg. How might that be possible? State of Virginia; Two years ago my sister went to live with my dad. 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. Additionally, an older child may require more space than a younger child. So you’re 15-year-old wants to live with a non-custodial parent. If the non custodial parent makes a stink over the kid not wanting to visit then simply go back to court and have the custody agreement modified. Custodial Parent Responsibilities. Thank you for this question. He wants to live with me. In some states, custody may be modified at any time. 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. What is a parent to do when a child is refusing to participate in your custody agreement? Can I get in trouble for accepting my son at my house. Custodial Interference Can Backfire. I’m sure you know, teens are not easy to take care of. A child … First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. When a young child refuses visits with the noncustodial parent, the custodial parent is going to take a lot of the blame. I’m 15 yrs old and I want to live with my mother. 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. on whatever whim they had at the moment. If you don’t comply with the visitation schedule, you can get in trouble for not making them go. The parents or legal guardians must prove the minor child will have the care and support they need during their stay in Canada. 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. If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them? How old must a child be in order to choose which parent he or she wants to live with? Oftentimes, a custody determination and/or subsequent modification must be made based on the best interests 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. His father is currently incarcerated and he wants his son to live with me, also his son wants to live with me. 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. 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. In general, though, courts do not ask a minor child who he or she prefers to live with after a divorce. In some cases, the teen had a stronger bond with one parent and wants to live with them after a divorce. 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