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Noncustodial father wants to change custody after 12 year old states preference for his home

Your Question:
parents never married. mother has sole custody of children. father has children 2 days out of the week and every other weekend. youngest child becoming the age of 12 expressing interest in living with father instead of mother. what does the father need to begin proceedings.or what is the law regarding this.

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My Answer:

Judges have discretion to consider the perspective of children, and it's usually based upon the maturity and depth of the child's explanations.

You would have to convince a judge that there is a significant change of circumstance in the situation due to the child expressing a strong desire to live with you instead of the mother.

You'd have to explain the reasons why. If the reasons are due to video games, curfew, or television; you'll lose.

If the reasons are that the mother is never around, or her boyfriend is abusive; you'll prevail.

Good luck.


This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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