If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them?

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If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them?

A friend’s daughter lives with mom but wants to live with dad. Daughter is 15. Dad and mom have never been to court; dad pays support with a check from his disability. Daughter wants to know if she got her things and told her mom she was moving in with her dad, could she be stopped and forced to stay with her mom?

Asked on June 11, 2012 under Family Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, since there is no custodial order in place, the mother of the daughter who wishes to now live with her father cannot initially stop the move. However, the mother can file a petition with the court seeking an order that the daughter reside with her and not the father.

The issue is that at age 15, the courts look more to the child's desires and needs to living arrangements with a particular parent as opposed to if the minor was 5 years of age.


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