Legal Question in Family Law in Alabama

Child Custody-When child wants to live with non-custodial parent

My stepdaughter has decided that she no longer can live with her mother and wants to move and live full time with her father. My question is ''What is the legal age at which time--the--child can decide which parent they want to live with without having to go to court and having--the--courts decide who the child should live with? At this time the mother has legal custody per the divorce decree and the father has visitation as set out by the divorce decree and the courts.

We know that there isn't going to be--name removed--simple fix for this but would like to know what our options are and what if any course we should take.


Asked on 1/18/05, 9:25 am

1 Answer from Attorneys
Bobby Lott, Jr. Attorney at Law

Re: Child Custody-When child wants to live with non-custodial parent

Well, you will still have to go to court no matter what to formally change custody until the child reaches 19. The judge will take into consideration her wants if she is above around age 14 or so. There is no hard and fast rule about the exact age. 14 is a rule of thumb. Do it right, and go to court. You don't want trouble down the road.

Read more
Answered on 1/18/05, 9:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Alabama