What to do if my ex-spouse has full custody of my 15 year old daughter but she now wants to live with me?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my ex-spouse has full custody of my 15 year old daughter but she now wants to live with me?

She is staying the weekend with me now and does not want to go back to her mother.

Asked on March 31, 2012 under Family Law, Virginia

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 12 years ago | Contributor

Unless she is in danger, your daughter needs to return.  Most courts will not change custody this close to the end of the school year, so she needs to stick it out that far.  You should file to modify the existing order.  At age 15, she can tell the Court what she wants.  Failure to follow the order now, may jeapordize your ability to change custody later.  She needs to go back for now.  Call an attorney in your area for more detail.

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW

Answered 12 years ago | Contributor

If you and your ex-spouse agree to a change in your current custody/visitation schedule, you can file a joint complaint for modification in the probate and family court.  If you are not in agreement, you will need to meet the standard for a modification in order to have obtain physical custody or more parenting time.

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

Answered 12 years ago | Contributor

Okay, I can understand how she may feel.  But if she does not go back to her Mother at least for the time being you would be inviolvation of the custody agreement and that could get you in to big trouble (unless of course it was for an emergency reason like abuse). Explain that to her.  She does not want to see you in jail.  Now, if she wants to live with you at this point you will need to file a petition to modify the custody agreement and to be the custodial parent.  Her testimony will be considered by a judge,  However, judges do not change agreement lightly and for frivilous reasons.  She can not say: becuase my mother is mean or she is too strict.  Courts can surely understand if she wants to foster her relationship with you.  They look to "the best interests of the child." Do not make up stories about her Mom.  It will only get you in to trouble.  Good luck.


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 lock Secured with SHA-256 Encryption