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    greyhoundlover2's Avatar
    greyhoundlover2 Posts: 1, Reputation: 1
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    #1

    Jun 8, 2009, 04:08 PM
    At what age can the child decide?
    I have a 10 year old niece who wants to leave Florida and live with her dad in PA. At what age can a child legally make that decision and would it have to be fought out in court?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jun 9, 2009, 06:55 AM

    18. A child is never allowed to decide. SOmetimes their *opinion* will be heard in a change of custody hearing, but they don't get to decide until they are an adult.

    If a change of custody is desired, the non-custodial parent needs to file for a change of custody.

    Incidentally, at 10, the judge is very unlikely to even ask the girl. Usually teens.
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #3

    Jun 12, 2009, 02:10 PM

    Steve is right, technecally it is NOT her choice. You can hear her thoughts and opinions and desires, but ultimately you and her father make this choice, and if nessisary a judge.

    Good luck hon :)
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #4

    Jun 12, 2009, 02:13 PM

    The parents can make that decision together, if they both agree that the child can go live in PA with her father.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 12, 2009, 02:41 PM
    Quote Originally Posted by jenniepepsi View Post
    but ultimately you and her father make this choice, and if nessisary a judge.
    Quote Originally Posted by Justwantfair View Post
    The parents can make that decision together, if they both agree that the child can go live in PA with her father.
    While its true the parents can agree to this change, it still has to go before a court if there is a court ordered custody agreement. And Especially if there is a child support order. If either of those exist, then the court that originally issued the order has to agree to the modifications.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #6

    Jun 13, 2009, 02:35 PM
    Quote Originally Posted by ScottGem View Post
    While its true the parents can agree to this change, it still has to go before a court if there is a court ordered custody agreement. And Especially if there is a child support order. If either of those exist, then the court that originally issued the order has to agree to the modifications.
    While I don't disagree, I wanted to add that in my experience judges always rubber-stamp any custodial agreement that the parties enter into, whether it's for an initial order or a modification. In fact, the stipulations that go to the court don't even require an explanation and typically just state, "It is hereby agreed by and between all parties to the above-action and their respective attorneys of record... XYX..."

    Where I practice we do have a requirement that if the parties are agreeing to a below guideline child support order certain facts have to be recited in the stipulation about the order serving the child's best interests and being adequate to meet his needs, etc, but even that is a rubber-stamp as long as all the language is correct.

    I think the reason for this practice is the strong presumption in the law that parents act in the best interests of their children.
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