Child wants to meve in with me

[davidd1501]

I have a 16 year old daughter that wants to move in with me.  Her mother currently has custody through the court.  I live in MO and mother lives in TN.  My daughter will advise the court that due to her mother not paying any attention to her, she wishes to live with me, her father.  I would think this would be an easy process.  Does anyone know what forms that I will need to file?  Any help with be appreciated, my daughter needs love and attention now especially at her age.  Thanks for any help.

[Bolivar]

From this site.  There is much more.  This is a good place to start.

Under "SPARC FAQ Center"

SPARC Custody FAQ
http://www.deltabravo.net/faq/custfaq.htm




Under "Articles Archive"

Tips for Parents Seeking Custody
http://www.deltabravo.net/custody/tipsforcustody.htm

Dealing With A Child Who Wants To Change Residency
http://www.deltabravo.net/custody/residence.htm

[Lawmoe]

It is not as easy as you may think if you do not have an agreement with the other parent on the issue.

Custody issues are determined based on a best interests of the child standard.  Bests interests are determined by a Court by applying various factors spelled out in your state's statutes.  Those factors are not exclusive and the Court must consider the totality of all circumstances.  

One of those factors is the wishes of the minor child, assuming the child is old enough to express his/her desires.  The child's wishes are generally not dispositive on the issue and are weighed as only one factor out of many.  As the child matures, their opinions will carry greater weight.   For example, in the State of Tennessee, the statutes allow the Court to consider the reasonable preference of any child age twelve (12) or older.  The court, at its discretion, may also hear the preference of a younger child upon request by a party. However, the preferences of older children are given greater weight than those of younger children. Most states have similar laws, some  more vague than others.  Minnesota allows the Court to consider the preference of a child if the Court deems the child to be of suitable age and maturity.

There are some states that do give greater weight to a child's desires, although such state statutes  are an exception to the rule.  In the State of Georgia, state  statutes provide – "In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with  whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child."

To file without a stipulation, youmust file a Motion and supportit with an affidavit,. The other parent mustbe served with that motion and may contest the change in custody.

[shawneetears]

Be careful...... if you can get the CP to agree...make sure it is in writing.  You can usually do a consent order as long as both parties agree to all stipulations it contains.  IF  the child runs away to be with you, you had better notify both the CP and local law enforcement and check to be sure what your obligations are as far as returning the child if that is what they tell you must be done. IF you don't there is a chance you could be charged with kidnapping.
Concurrs with Lawmoe's post.....and remember this will have to be done in the court that has jurisdiction....possibly TN so TN law will prevail in that.
In NC, there is a lapse between 16 & 18 yrs so that is an extrememly gray area.  Each state is going to be different.  
Also remember....in most places custody and child support are two distinctly seperate issues.... deal with the custody first then the support issue but you have to do both or you will end up having to contiue any support payments or face possible jail time for non-support.

wish you all the best life has to offer!  :)

[Bolivar]

:-)
LOL
Didn't Hoss carry a gun and ride a horse?

Well damn-nabit then, I say shoot and ask questions latter.  You know,,, ride off into the sunset and stuff.

No need for judges and lawyers when you got a 6 shooter.

And remember a bullet only costs around $.20 cents.  Lawyers cost way more.

:-)