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Thread: Child Custody ?

  1. #1

    Child Custody ?


    Anyone here know what the legal age for a child to choose which parent they want to live with. I'm a C 4/5 quad, divorced with 3 kids ages 12, 10 and 8. My ex wife seems to be getting involved more and more into drugs alchol and attracting abusive boyfreinds. I live with my parents and my oldest daughter wants to come live with me cause she is tired of the life their mother gives them. Yesterday my ex told me she was moving 200 miles away to live with her sister making it difficult for me to see them on the weekends and wednesdays. She does this every year around this time and ends up back in town within 4 to 5 months. My parents would be more than happy to get legal custody but she wont give them because she is afraid of loosing their Social Security benefits and food stamps. We've been divorced for 5 years now and she's been getting worse. Anybody here been in my situation and had success getting legal custody of their kids?


  2. #2
    I don't know much about child custody laws but I think the usual legal age a child can choose is around 14 or 15. Do you have joint custody? If you do, she shouldn't be allowed to move that far. If you don't, try to get it basing it on her behavior (have indisputable evidence) and your support system (your parents). Good luck!

  3. #3
    I bet every state is different. Living in Nebraska I was able to choose at 16. My sister kicked me out saying she couldn't handle me and my dad wasn't about to let me live with him and wifey either so big choice I had. I know growing up my mother couldn't move me out of state without the courts and my dad's approval.

    Aerodynamically, the bumble bee shouldn't be able to fly, but the bumble bee doesn't know that, so it goes on flying anyways--Mary Kay Ash

  4. #4
    fight. a judge will listen to a 12 yr old and base a decision on that and other evidence you may have.

    i am c7 and have raised my son from birth. his dad shows up now and then.

    get a good lawyer.

  5. #5
    I think if you can prove her to be an unfit mother you would have a good chance of your folks getting custody.

    Good luck!

  6. #6
    Senior Member Belle's Avatar
    Join Date
    Jun 2004
    NW Ohio
    Have you talked to a lawyer? Domestic laws vary by state, so the age of choice might be different state to state. A good judge will consider a child's opinion at any age though.

    Have you started documenting the signs of your ex's behavior? Record phone calls, make notes. Keep a journal. This can be used as evidence.

    Unfortunately the only situations I have been familiar with have been cases of fathers trying to get custody of children from mothers who live normal lives. In all three cases the fathers were not successful in the effort.

    AB wife of T8 complete para

  7. #7
    Belle is right. Document EVERYTHING.

    C5/6 incomplete, injured Aug. 2000

  8. #8
    Hire a private investigator to get pics and videos if you take her to court.

    Learn from the mistakes of others, you won't live long enough to make all of them yourself.

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