Daughter wants to live with me.

[hagsjag]

My daughter is 14 years old, lives with her father and brother since the divorce. He has custody of them. She has wanted to come live with me for quite sometime but is afraid of what her father will do when she tells him. I filed the papers yesterday to get custody. So it is just a matter of time before he knows. In our parenting agreement it states, "Upon reaching the age of 14 years, the "mothers" visitation shall be arranged directly between "mother" and said child." So what will happen when she comes to spend the weekend and then refuses to go back to her father?
We live in West Virginia. I have tried to find a lawyer to represent me but they want $2500 up front and I just can not come up with that kind of money. I have tried to get legal aid and they say I make to much money. Does anyone have any advice that will help me Please?

[MixedBag]

Jurisdiction for my stuff is also in WV.

Just got a final order today from the last round which was also to transfer custody.

SO....I say this:

You better have a second reason and a third and a fourth beyond the wishes of the child to change primary residences from one parent to the other.

And realize, my EX and Camilla read this board and print and kill another tree all the time.

[NYParent]

Do you and BF have join legal and physical?  Does BF have sole custody and you have visitation?

If he has sole custody you would be breaking the law by not returning the child, and BF can have the police get involved in having them return your daughter to him.  It's one thing for your CO to allow you and your daughter can arrange visitation between each other, and it's another thing for you not to return the child to the parent who has custody.  You also don't want to do something like that when you have court coming up....it won't be favorable for you. 

[MrCustodyCoach]

My daughter is 14 years old, lives with her father and brother since the divorce. He has custody of them. She has wanted to come live with me for quite sometime but is afraid of what her father will do when she tells him. I filed the papers yesterday to get custody. So it is just a matter of time before he knows. In our parenting agreement it states, "Upon reaching the age of 14 years, the "mothers" visitation shall be arranged directly between "mother" and said child." So what will happen when she comes to spend the weekend and then refuses to go back to her father?

"Visitation" (a term I dislike immensely) is not custody.  You would have to work carefully with your daughter and explain to her that you have to follow a process in order to have her wishes considered by the court.

We live in West Virginia. I have tried to find a lawyer to represent me but they want $2500 up front and I just can not come up with that kind of money. I have tried to get legal aid and they say I make to much money. Does anyone have any advice that will help me Please?

Have you considered representing yourself?  With a little guidance and study, you could probably make a compelling case on your own.  It's not like you would be going up against your ex in a full-blown custody battle, you would be requesting a modification of the custody arrangement based upon the wishes of the child.  In addition to that, you can find other "considerations" to bolster your argument for the court.