QUESTION
What are my child''s rights as a 14 year old to which home he would like to live in?
Asked on Aug 04th, 2011 on Family Law - Iowa
More details to this question:
My son''s father lives 80 miles away from me which i have recently moved because of my job and because my son was really wishing he could go to school in the town that i live in. The school that my son was going to has closed down so we had 2 options for the schools that he could go to but his dad went ahead and enrolled my son in the school that his other children go to. If i was to be still living in the town that i lived in i would have to find a way to transport him to the school that he picked because there is no transportation for the children to go to that school. The school district i wanted would of had a bus to pick the kids up and bring them home but i moved which i was really hoping he could of gone to the school in the town i live in but an attorney told me with shared custody i would have to stay in the district that my son''s dad put him in. i really could use the advise to know what my options are and what my son''s options are. I live in IA so hopefully u can help me
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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There is a common myth, that if the child is 14 or older, he/she can chose which home he/she wants to live in. This is not true. During a divorce, one of the factors that helps a judge determine which parent has custody is the child's wishes. It is less of a factor usually in a modification, but is still a factor. However, the child's wish is merely one of the factors.
In this case, the couple has shared physical custody. By leaving the school district, it may be impossible to continue the shared physical custody, and the case may need to go back to court for a modification and for sole physical custody to be awarded to one of the parents. A move of 150 miles can be grounds for a modification by law. A move less than 150 miles may or may not be grounds for modification based on the circumstances, but probably would be grounds based on the shared physical custody arrangement which may now be impossible to implement due to school requirements.
I would suggest contacting an attorney to thoroughly discuss your options. Couples can reach an agreement without an attorney, but custody is one of the most difficult areas in which to reach an agreement.
Answered on Sep 25th, 2011 at 2:05 PM