Legal Question in Family Law in Kansas
13 year old wants to live with mom instead of dad
My 13 year old niece would like to know what she needs to do to move in with her mother. Her father has custody of her and her brother. Mom gets the kids every other weekend. Mom is ok with having her daughter move in full time. Mom feels the kids have the right to make the dececion on which parent they want to live with. Dad doesn't see it that way. What paper work can she file to change homes?
2 Answers from Attorneys
Re: 13 year old wants to live with mom instead of dad
The mother should file a motion to modify custody. While the court will listen to the child. It will not base it decision on what the child wants. The court must look at the best interest of the child. I would be happy to help. Contact me at [email protected]
Re: 13 year old wants to live with mom instead of dad
A common misconception in child custody cases is that a child who is 12 or older gets to choose the place they want to live. That is not true. The court will always apply the "best interest of the child" test to determine where the child will live. As children get older, they begin to have more of a voice in that decision, but that desire is usually expressed to a court services worker in conjunction with a child custody evaluation. Compounding your niece's situation is that she has a sibling. Kansas law allows divided custody (where one child lives with Mom and one child lives with Dad) but it is not a preferred situation. The child's mother should consult an experienced child custody attorney.
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