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Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.

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13y ago
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14y ago

u must go to the court and request a modification on the divorce terms to allow the child to live with the father. If the mother agrees it is easy. if the mother objects then it gets a little harder because father will have to demostrate not only that the child wants it but that it will be in the best interest of the child that the father get the residency custody.

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13y ago

You will have to file a modification with the court. The child's wishes are not necessarily what the judge will do. The judge will take into consideration what the child wants, but ultimately will have to look at the best interest of the child.

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11y ago

You are not allowed to decide this for yourself until you are 18 so you need your parents permission and they will have to go to court and have the custody agreement changed.

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Q: Child lives with mother who has joint custody but 15 year old child wants live with father?
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How often is the father awarded custody of the child over the mother in North Carolina?


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He can still gain custody as the presumptive father.


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You have to get a lawyer and file for custody. There are some agencies that can provide free legal counsel, contact your local child protection service.


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