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    tany072075's Avatar
    tany072075 Posts: 57, Reputation: 4
    Junior Member
    		  
    #1

    Jul 11, 2010, 10:04 AM
    12 year old. Old enuf?
    My daughter is 12 years old and currently lives with her dad. Recently she has decided she wants to live with me. I have been on very good terms with dad for quite awhile. However he is not willing to just let her come live with me. We live in Iowa. I'm pretty sure 12 years old is the age that a judge will consider her choice. But how do I go about getting this done. Please help. She's very unhappy
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jul 11, 2010, 02:50 PM

    You have to file for a change in custody with the court that issued the original custody order. While the judge may listen to your daughter's preference, the decision will be the judges based on all factors.
    tany072075's Avatar
    tany072075 Posts: 57, Reputation: 4
    Junior Member
    		  
    #3

    Jul 12, 2010, 03:24 AM

    Will I need a lawyer for this or will it mostly between my daughter and the judge?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jul 12, 2010, 05:20 AM

    It depends on whether the father challenges it. Especially if he brings a lawyer into it.

    And its not going to be just your daughter talking to the judge. The judge is probably going to have Family services do home visits to check out living conditions, request financials, ask for opinions from teachers and others. This is not going to be a go into the judge and come out with a decision. The only way that happens is if ALL parties are in agreement and the judge is just needed to stamp it.
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