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Judie39 · May 12, 2007, 02:18 PM

My daughter currently lives with her father in Ohio. I reside in Indiana. She is 12 1/2 and hates her stepmother. Her stepmother has treated her awful and her father now sides with the stepmom. She has went from an honor student to failling grades. Will a judge let her make the decision where she wants to live? Is she at the right age (she will be 13 by November)?

Fr_Chuck · May 12, 2007, 02:22 PM

You file for custody, and have her testify, the judge will listen to her, but will also look aot many other factors also.

tawnynkids · May 12, 2007, 02:28 PM

You can attempt to file for modification to reverse the current order but you will more than likely have to prove "change of circumstance". That can be tough. You will definitely need to get a lawyer.

It is different from state to state but there is usually a set age at which a judge will consider the wishes of the child but will not rule solely on that. There is no set age which a child can decide where they want to live in any state.