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    dmhofer's Avatar
    dmhofer Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 5, 2008, 01:51 PM
    Child custody
    My step children have told us that at the end of the school year if my husband does not let them live with their mom, she will take us to court for the kids. These kids are 15, 14 and 11 and have lived with their father since the youngest was 6 months old. I have been raising these children with my husband for the past 8 years. On paper they share custody. As she lived 2 hours away up until 3 or 4 years ago sharing was not a possibility. 2 of these children do not want to go and live with her. They are quite happy where they are as they have an established life here. She has never paid any child support and when she lived 2 hours away we made sure they saw her, even if we were the only ones willing to make the trip we did it for the kids. Will a judge make them go?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 5, 2008, 02:03 PM

    Yes and No. Since your husband has had primary physical custody for more than 10 years, its unlikely the court will grant a modificiation without some compelling reason.

    Since only one of the children wants to make the move, I don't see a judge forcing them to move. However, a judge may let the 3rd child, especially if it's the 14 or 15 yr old, make the move. At that age, the judge will listen to the desires of the child.

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