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phill03 · Jan 4, 2010, 10:32 AM

My 5 yr old daughter lives with her mother I see her every other weekend, when it comes to taking her home she plays up and says she's wants to live with me I've spoken to her mother who says that she wants her living with her is there anything I can do in which my daughter can live with me we were not married

ScottGem · Jan 4, 2010, 10:48 AM

Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum.

You can go back to court and file for a change in the custody order. But, unless you can prove the mother is unfit, you have a very slim chance of winning. I suspect you spolil your daughter a bit which is why she thinks it would be more fun to live with you. At 5 its unlikely that a court will put any weight on her preference.

this8384 · Jan 4, 2010, 10:56 AM

Originally Posted by phill03

my 5 yr old daughter lives with her mother i see her every other weekend, when it comes to taking her home she plays up and says shes wants to live with me ive spoken to her mother who says that she wants her living with her is there anything i can do in which my daughter can live with me we was not married

Have you been established as the legal father? Do you currently have a custody and visitation order through the court?

A 5-year-old is too young to know what she wants. Unless you can prove that the mother is somehow unfit, your odds of receiving physical custody are slim.

What is your reason for wanting the change? Do you simply want more time with your daughter? Do you feel that she is not being properly cared for?