QUESTION
Can my 17yo daughter move out of custodial home and in with me, her father.
Asked on Mar 11th, 2015 on Child Custody - Massachusetts
More details to this question:
I have a judgement of divorce NISI from Brockton court in 2009 docket number 99D0576 dx1 and my ex-wife has sole legal and physical custody or our now 17yr and 2 month old daughter Kayla. Kayla has been asking me for about 6-9 months if she can come live with me and wants me to start the process. I went to the court house today and got a complaint for modification and an affidavit disclosing care and custody but was wondering what else I need. Does my daughter have the right to just move in with me? How long with the process usually take? Mom will object. Kayla doesn't want to stay at her mom's house while we decide because she is afraid of repercussions. Her school work is starting to suffer and I don't want her to start getting into trouble or run away of something like that. Thanks Sean Murphy
1 ANSWER
Sean, if you can establish that your daughter will suffer harm by remaining with her mother, than you may ask the court to issue a temporary order changing custody to you. Otherwise, the process to get a final order will take several months, which may or may not be complete prior to her turning 18 years old at which time she may move in with your without her mother's consent. If you decide to wait until she turns 18, it is important to file a modification of child support as child support will remain payable to mother unless the court orders the change. Please let me know if you have any other questions. Many thanks. Kevin Rauseo
Answered on Mar 13th, 2015 at 7:50 AM