Change in living arrangements?

[Miller]

Case is in IL, father is NCP, mother is CP, daughter is 15

Child lives with CP but sees NCP often...one overnight each week, every other weekend (Fri. after school-Mon. when school starts), half of days off school, alternate holidays, six weeks in summer.

If the child has started to express the she wants to live with NCP, what would need to happen?

How much weight does a 15 year old's voice have?

If CP does not agree, how would this proceed?

Would child need to testify in court?  If so, what kind of questions can be expected?

Also, what "reasons" are considered legit for the child wanting to move?

[socrateaser]

>If the child has started to express the she wants to live with
>NCP, what would need to happen?

Motion to modify custody/parentin time.

>
>How much weight does a 15 year old's voice have?

A lot if the kid is mature in his/her ability to competently testify in court.

>
>If CP does not agree, how would this proceed?

File motion and testify that the child has indicated a desire to change residences, the child is doing well in school (report cards as evidence), no trouble with authorities, and that child's wishes represent a substantial change in circumstances. Ask for court to appoint an evaluator to determine the child's genuineness, and report to the court.

Usually, if the eval comes back favorably, the other parent will back off because of the cost of a full trial on the merits.
>
>Would child need to testify in court?  If so, what kind of
>questions can be expected?

Not unless there's a full trial.

>Also, what "reasons" are considered legit for the child
>wanting to move?

Nothing more than a mature statement that the child would enjoy an opportunity to spend more time with the other parent, because that parent has a different point of view about life worth experiencing.

If there's nothing particularly wrong with the existing relationship of either parent, then the child needs to be very genuine and tell the therapist that he/she would just like the new experience and that the CP shouldn't take this choice as an indication that the child doesn't love the CP or is unhappy, etc.

[Miller]

There are problems in the relationship between the CP and the child which seem to be getting worse over time.  NCP has encouraged the child to try to work through these problems with the CP.  Child has been talking to the NCP about wanting to move for several months.

Will it make a difference because the child is unhappy with the current arrangement?

NCP's hope is that the relationship between CP and the child would improve with the new living arrangements.

[socrateaser]

>There are problems in the relationship between the CP and the
>child which seem to be getting worse over time.  NCP has
>encouraged the child to try to work through these problems
>with the CP.  Child has been talking to the NCP about wanting
>to move for several months.
>
>Will it make a difference because the child is unhappy with
>the current arrangement?
>
>NCP's hope is that the relationship between CP and the child
>would improve with the new living arrangements.

It will make it less difficult, because it will focus the issue on the relationship between parent and child, rather than a merely a whim. But, it could make the case more complex. Now, you'll need a home study for both parents and an eval of the entire situation, and the court could decide to order counseling instead of a custody change, etc.