What can I do if my daughter is 15 wants to come and live with me?

UPDATED: Jun 29, 2015

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What can I do if my daughter is 15 wants to come and live with me?

Her mother moved 300 miles away (but still in the same state). I was in the gas and oil field but now I’m staying home. What do I have to do so she can stay with me?

Asked on June 29, 2015 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Assuming that there is a custody order in place, it will have to be followed. That is at least until it can be modifed by the court. This is so even if your daughter says that she wants to live with you.

Generally, a minor cannot choose which parent they want to live with; it is up to the court to decide. It will look to many factors - home environment, income/education of the parents, the child's relationship with each parent, the reason for wanting the change, etc.

Note: While a minor child cannot choose where to live, if they over the age of about 12 (it varies from state-to-state) their preference is a factor that is given consideration; the older the child the more weight it is given.


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