The child is always free to make their wishes known to the judge when a modification to custody is filed by the non-custodial parent, by requesting a meeting with the judge, writing a letter to the judge expressing their wishes, or engaging an attorney or guardian ad litem to speak for them. The judge will take into consideration the wishes of the child, and generally, the older the child, the more weight is given to those wishes.
Ultimately, however, the judge will rule depending on what he or she feels would be in the best interests of the child and the child must abide by the terms of the original custody agreement until the point a modification is granted, if it is granted, until they reach the age of majority in the state where they legally reside (18 in Florida).
There's not much you can do. Custody is determined by the court based on the judge's opinion on what would be in the best interests of a child. The reason it is done that way is because the judge is a disinterested party who can make an objective ruling based on the facts. His opinion may not be in keeping with the child's.
You really only have three choices; refuse, cave in to your child's wishes and file for a modification of custody based on the same, or try to hammer out a joint custody agreement with your ex.
Remember that you too must attempt to make an objective decision where this is concerned. The child is naturally going to want to live with the parent who is more lenient, bends the "rules", etc., but that not be in their best interests in the long run. Before you make any kind of binding decision, you may wish to avail yourself of some family counseling for you and your child.
No he will have to wait till he is 21 years old and a full adult.
The most likely scenario is that the children will live with the other parent as long as that parent was not deemed unfit while the custodial parent was alive. If that parent was denied custody for cause the courts may consider another gaurdian should the non custodial parent still be considered unsuitable.
yes
A minor can not choose where to live. That is up to the parents or the court depending on the details. If your non-custodial parent who lives out of state wants you to live with him/her, they have to petition for custody unless your custodial parent will consent to the change and join in a modification of the custody order.
Until a change of custody order, the custodial parent has the decision power in the matter, however it can be considered child abandonment.
It should be okay at any age. Who wants to live with rotten people, I mean when I was a kid I never wanted to live with my mom because we clashed and I never had the chance to go and live with my dad. I wish that I would have had that chance.
That depends on whether or not the non-custodial parent is a minor and prevailing law in the state where you live. Contact a family law attorney in your area for specific information.
i believe so
no the child doesn't live w/ custodial parent....it goes to who child lives w/
Not arbitrarily. The custodial parent would have to receive permission from the court for the change in residence.
If you have joint custody, there is one parent that is the custodial parent. A child can move in with you if you are the custodial parent or you can file in court to change your status to the custodial parent. The child should want to live with you as well.
Situation: Custodial parent and child live in Nevada, non-custodial parent lives in Ohio. Possibly, but you would probably have to petition a court in Nevada.
Depends on where you live but generally you have to be 18 to decide.