what happens next?

[g_staiger]

I live in Missouri. My daughter is 14 and wants to live with me. BM was served custody papers on the 19th of Sept.  This is a list of the changes in circumstances listed in my petition for custody:


a. The minor child strongly desires to live in Respondent's home and to be placed in Respondent's physical custody.  
          
b. Respondent strongly desires to have the minor child live in his home and to be placed in his physical custody.
       
c. Respondent's home is a fit and proper custodial environment for the minor child.
 
d. The minor child has made an allegation that she has been molested by her step-father, Petitioner's husband.

e. Since the minor child made the allegation regarding Petitioner's husband, her relationship with Petitioner and Petitioner's husband has dramatically deteriorated to the point that the minor child is uncomfortable in Petitioner's home.

f. The minor child is now age fourteen and her wishes regarding where she lives should be given a greater weight than when she was younger.

My Daughter has also been going to counseling and the counselor has recommended to BM that she let my daughter live with me. She is also going to write up a report to give to our attorney.  

So far BM has not responded to the petition. She only has until Wednesday.  I'm hoping SF won't pay for the attorney or the attorney told her she can't win.  I would ask my attorney these questions but she is out of the office and will be until the middle of next week. Thanks.

1.  If she does nothing, what happens next?

[socrateaser]

>1.  If she does nothing, what happens next?

Even if your ex doesn't respond, you still have the burden of demonstrating clear and convincingly why the child's life has changed sufficient to require the court to redetermine custody. It's a pretty heavy burden, so, if your ex just shows up at the hearing with an attorney, more than likely the court will order an evaluation and you will both open up your wallets to go through the necessary hoops.

[g_staiger]

Our attorney has told me that my daughter being 14 and wanting to live with me is what will win custody for me. I've heard from some people that in MO there is no legal age when a child can decide, but others have said that judges do listen to a childs wishes starting at age 12. Let's hope so. Thanks.

[socrateaser]

>Our attorney has told me that my daughter being 14 and
>wanting to live with me is what will win custody for me. I've
>heard from some people that in MO there is no legal age when a
>child can decide, but others have said that judges do listen
>to a childs wishes starting at age 12. Let's hope so. Thanks.

I agree you will probably win based on this one issue, however, if your ex puts up an argument, you will probably be forced to do the eval just so that the judge can say that both parents were afforded due process.