Can a 17 year old decide they want to live with their mother when the father has more custody?

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Can a 17 year old decide they want to live with their mother when the father has more custody?

The father has a court order, and more custody than the mother.

Asked on August 3, 2012 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Only a court decides when you are a minor but the court will absolutely listen to your reasoning and take your views in to consideration.  You Mother would have to make a motion to modify the court order and there has to be "good" reasons given.  Your reasons can not be "my dad is too strict" or "he won't let me go out with my friends."  It has to be that you want to be with your Mother to cultivate a better relationship, etc.  Or if for safety reasons (if there is an abusive relationship there) that too.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Only a court decides when you are a minor but the court will absolutely listen to your reasoning and take your views in to consideration.  You Mother would have to make a motion to modify the court order and there has to be "good" reasons given.  Your reasons can not be "my dad is too strict" or "he won't let me go out with my friends."  It has to be that you want to be with your Mother to cultivate a better relationship, etc.  Or if for safety reasons (if there is an abusive relationship there) that too.  Good luck.


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