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New Member
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Jan 18, 2011, 02:08 PM
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Possible change to joint custody situation of a teenager
I live NH. My ex and I have had joint physical custody for 13 years. My son is now 14 1/2 year old. His dad lives in the next town over. If my son is interested in only living with me, is this a possibility, considering his age? Does NH have a certain 'age' when a child can 'decide?' Any help anyone can provide would be appreciated.
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Uber Member
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Jan 18, 2011, 03:01 PM
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Would your "ex" agree to the change? You could always petition for residential custody (it appears he lives with you but visits with his father?) but I very much doubt the Court would grant it. Your son would certainly be asked his opinion, particularly if an advocate is appointed, but the Court does not have to respect it.
Does he not want to visit with his father any longer?
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New Member
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Jan 18, 2011, 03:06 PM
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He has an interest of being with us most of the time, since he is in high school and dad doesn't live in the same town. We have really been a 60/40 joint custody (me-60) but we are 50/50 on the books. Not sure if dad would fight... just asking around... thanks for helping!
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New Member
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Jan 18, 2011, 03:08 PM
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Comment on JudyKayTee's post
Thank you and I responded to myself above. LOL... maybe you have more ideas? Thanks so much!
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Uber Member
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Jan 18, 2011, 03:08 PM
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Sure. Now that your son is in high school it is very possible that a Judge would be sympathetic to a change in visitation.
I'd talk to the dad, find out what he thinks. He should realize it's just a question of the son being in high school and having new interests.
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Computer Expert and Renaissance Man
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Jan 18, 2011, 03:52 PM
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A child can never decide. Their preference may be listened to, but the court makes the decision. If you want a change, you have to file with the court for a modification.
50/50 only works when the parents live in the same school district.
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Expert
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Jan 18, 2011, 06:38 PM
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Agree with Scott, there is no age the child can decide, he can testify in court to what he wants and why, but you as the parent will have to file a motion in court to change the custody and the times dad can have the child
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