How can a child move in with his dad?
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How can a child move in with his dad?
My 12 years old step-son wants to move in with us. He will be 13 this month. But his mom told him no that he couldn’t live with his dad. So what do we have to do in order for him to move in with us?
Asked on September 15, 2010 under Family Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Is there a court order in place regarding custody? If so that agreement will control. You'll have to go to court to have it modified. The judge will look at various factors - home environment, the child's relationship with each parent, reason for wanting the change, what type of supervision will there be in the new home, the effect such a move would have on the child's schooling, and that type of thing. The judge will then rule accordingly.
That having been said, as a general rule, a child (under age 18) cannot choose which parent they want to live with. Yet if they over the age of 12, a child's preference is given consideration and is one of the factors that the court considers (the older the child, the more weight it is given).
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