Child custody order -can a 16 decide where they want to live?

Question Details:

I have court ordered sole custody of my 2 daughters. My 16 year old has not seen her dad in 7 months and took off to live him with last night. She is refusing to come home and he is supporting that. what are my options? How do I protect myself?

Asked 10/22/2009 under Divorce, Marriage, Alimony | 648 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

You will have a difficult time with a 16 year old since their preference will be considered.  It is important to evaluate the reasons why the 16 year old wants to live with father.  Did the child have to change schools or does the father live near the school.

Your first move could be to first tell the father that if he does not return the child and encourage her to return you will file a police report for violating the court order.  Second you can ask the police if they will assist you in retrieving the child and show them the court order.  They may help, they may tell you its a family court matter and not help.

You can also talk with your daughter and try to resolve the issues which caused her to leave.

Gerard  A Fierro

fierrofamilylaw.com 

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