QUESTION
Will my 17 year old be able to chose what parent she wants to live with
Asked on May 14th, 2014 on Family Law - California
More details to this question:
I have 2 children, my son 9 and my daughter will be 17 in July. We have been legally divorced since 2011. Our current custody is joint legal for both. There is no specific days listed for visitation, but they go to him Tues - Thursday every week. My daughter has never been happy with her situation. Her dad and her do not have the best communicating relationship. I told her if she does not want to go there anymore she needs to state that to her father, and go from there. She has at the end of her rope and got in a bit of trouble with him and decided to tell him her feelings. This started three weeks ago. He has threatened to call the cops, which he did not and now he has stopped paying her half of the child support. He will not speak a word to our daughter and if blaming me for all of this. I Have started the paperwork, but I just need some sort idea what I am getting in to. Will they separate the kids?
1 ANSWER
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It sounds like the current order for the dad is 'reasonable visitation' which is not enforceable. The dad would need a specific order in order to enforce it. Further, child support is to be paid to the mom and not to the child. If you wish to share monies with your daughter, you can do that but the money should be paid to you.
If the dad wishes to change his current visitation order, he would need to file that with the court and the daughter's choice will be taken into consideration.
Answered on May 14th, 2014 at 4:05 PM