QUESTION
Can my seventeen year old daughter move out of her mothers home to live with me?
Asked on Aug 29th, 2011 on Child Custody - Colorado
More details to this question:
I have a 16 year old who does not want to live with her mother. She wants to live with me, Her father. At 17 can she move out of her mothers home and come live with me on her own?
16 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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File an OSC.
Answered on Jun 25th, 2013 at 1:30 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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No.
Answered on Jun 09th, 2013 at 7:57 PM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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If you and the child's mother have a child custody agreement or if custody orders have been filed in this matter, I would suggest that you file for a modification of the custody order. It might be possible that the mother would agree to the modification. It might be a good idea to discuss the matter with an attorney or with a mediator.
Answered on Sep 12th, 2011 at 3:29 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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A new parenting plan needs to be entered/approved by the Court.
Answered on Sep 02nd, 2011 at 7:09 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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My initial advice would be to talk about the issue with Mom. If you two parents can agree, there is no need for court interference. If you do approach Mom with the issue, remember to set up frequent and continous vistation times for daughter to be with Mom. If you two agree, you can present the idea to your daughter as a unified front: you do not want your daughter making adult decisions. If you and Mom can not agree, you would have to ask the court for a change in the custody order. In California, your daughter is not an adult until 18; so your daughter would not be able to make this decision on her own until she is an adult. If the matter does end up in court, do whatever you can to limit your daughter's exposure to the process.
Answered on Sep 01st, 2011 at 8:20 PM
There is no magic age, but typically the older a child is, the more their opinion is weighted. She likely of an age that it would be difficult for the other parent to fight it. If you need to stop or change support, you will need to have mom sign a stipulation or you need to file a motion for the change.
Answered on Aug 31st, 2011 at 10:49 AM
Steven D. Dunnings
If you have an existing court Order for custody, you need to file a motion to change custody, although, your daughter's desire to live with you is not enough of a basis for the court to consider a change in custody. Without a court odrder changing custody, and consequently support, you will still be required to pay the support in the existing order.
Answered on Aug 30th, 2011 at 2:21 PM
Nevada has no "magic age" but most judges give 16-17 year olds considerable leeway in having input into their best interest. You need to consult with a family law specialist.
Answered on Aug 30th, 2011 at 12:16 PM
Roianne Houlton Conner
If the mother has custody via a Court Order then there must be either an agreement or a Court determination that she can live with you.
Answered on Aug 30th, 2011 at 11:31 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, not unless the mother agrees. However, that said, many judges will not force a child who is almost emancipated to live where they don't want to. You should consult with an attorney.
Answered on Aug 30th, 2011 at 8:54 AM
Glen Edward Ashman
Unless you get a judge to award you custody, no. You'd possibly end up in jail, either for contempt or interference with custody, or even kidnapping. If you want custody, get a lawyer, go to court, and seek it.
Answered on Aug 30th, 2011 at 7:16 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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What does your custody order state? File for a Modification if your daughter and your polite request to the mother does not work.
Answered on Aug 30th, 2011 at 6:47 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, until she is 18 she doesn't get to decide, you and her mother should try to agree or take it to court.
Answered on Aug 29th, 2011 at 8:14 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You should obtain a Court Order first. I know, it is expensive, but you will save yourself some drama doing this. At 17, her desires are considered, but the Court will always side with what the Court believes is in the best interests of your daughter.
Answered on Aug 29th, 2011 at 7:50 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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No, unless there is no custody order relating to your daughter. You should contact the court to schedule mediation if there is a custody order.
Answered on Aug 29th, 2011 at 7:48 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That isn't exactly the right question. Clearly your daughter can move to your home. The real question is "if she does, what will/can the mother do?". The answer to what she could do depends largely on the terms of the parenting plan/custody order that is current in effect. If the mother has no objection to the move, she doesn't need to do anything. But, if you wish to stop paying child support based on the move you will need to modify the current court order. If mother objects to the move, she could seek enforcement action against you through the courts (either criminal charges or contempt). So, if she objects you would need to seek a modification order from the Court based upon the child's desire. What she wants won't drive the train, but a judge will certainly listen to her and to her reasons before making a decision as to what is best for the child.
Answered on Aug 29th, 2011 at 7:47 PM