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    motherearth1973's Avatar
    motherearth1973 Posts: 2, Reputation: 1
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    #1

    May 19, 2008, 11:27 AM
    Child wants to change residence
    Can my 14 year old son's request to move in with his non custodial parent because he says the town in which we live is boring be grounds for our agreed custody order to be changed? I do not agree with a transfer of residence due to fears he will not perform successfully in school and that his father will not allow me the same visitation schedule that he now has. His father is single with a twelve hour work schedule: 5am to 5pm. His father says that his mother or sister that live on the next block can drop by to see if he has made it to the bus stop for school. He is doing well in school here with me and is involved in extra curricular activities.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 19, 2008, 11:34 AM
    A minor child can request anything they want. But they can't make any decisions. Only the court can make a decision to change the custody agreement. And only one of the parents can petition the court for a change.

    So the NCP would have to file a petititon with the Family court for a change in custody. The court will hear the petititon, they will probably listen to what the minro child has to say. But they will make a decision on what is in the best interests of the child.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    May 19, 2008, 12:39 PM
    As said if the father really wants custody then he will have to petition the court to order the change. While your son will most likely be allowed to testify as to where he resides, the judge will make the decision. I honestly do not see a change likely to happen if he is doing well where he is at, the dad would have to have some great arguments why the child would be better off at his place.
    motherearth1973's Avatar
    motherearth1973 Posts: 2, Reputation: 1
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    #4

    May 19, 2008, 12:53 PM
    Quote Originally Posted by ScottGem
    a minor child can request anything they want. But they can't make any decisions. Only the court can make a decision to change the custody agreement. And only one of the parents can petition the court for a change.

    So the NCP would have to file a petititon with the Family court for a change in custody. The court will hear the petititon, they will probably listen to what the minro child has to say. But they will make a decision on what is inthe best interests of the child.


    Thanks I hope the court will see my side. The father is more flexible with rules and my son has more freedom to play video games, hang outside with friends and family. My son has been in the habit of lying about things like homework and watching pornography on the internet. When I ask his father to talk to him about these things he just says that those are things that boys do and it's not that serious. I have also expressed concern about his grades dropping from A's to C's due to not turning in homework. I told his father that he would have to stay in until he makes up the work and he stated that he doesn't know why he is being placed on punishment when he is still passing. His father and I met when I was still very young and our values and beliefs on parenting styles differ greatly. In my household my husband and I put a strong emphasis on education and building character which is frustrating to my son. I have talked to my son about colleges and possible career choices and helped him to develop an educational plan to meet his future goals but his father insists that he has plenty of time to think about college. My son will be a freshman this fall.

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