How can a child move in with his dad?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption