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How old for child to request change in custody?

Started by Noname, Dec 30, 2008, 12:48:16 PM

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Noname

Hello,
I wondered if anyone knew how old a child has to be to request a change in physical custody. We live in NH and child in question is 13 and probably wants to live with DH rather than his mother. We don't want to broach the subject with child until sure that it's a possibility.
Thank you.

Sherry1

You should contact an attorney in the jurisdiction where the court order is written and ask.  IMHO unless there is docoumented abuse or neglect then a 13yo doesn't get to decide where they want to live.  My SS was 16 when he was of an age he could talk to the judge.

Noname

Thank you for your reply. This probably doesn't qualify as neglect but think it would be a valid point. Child is doing very poorly in school, despite being a bright kid, b/c not doing homework. Has been going on for a while now. Mother doesn't seem to be interested in pursuing this area and DH is trying his best during his visitation times. Plus, child always complains about having to go back to Mother's house and has been complaining about it for years. This, despite the fact that she lets child stay home from school on a regular basis and isn't pushing homework issue and told teachers to put him in a less challenging math class. School refused b/c child has tested at high level in math. Child knows DH would require homework to be done and school attendance.

MixedBag

read your state's laws.

My son was 14 when he voiced his opinion.  What hurt dad was letters to me stating that once our son turned 14, he would support son's decision which will be to pull away from me.  -- well, it was close to that.

usually the child's wishes is only part of the picture and things the judge considers.

good luck