Legal Question in Family Law in Kentucky

Hello. I need to know what to do. I am 14 and my parents are split up. They were never married because my mom was 17 when she had me. So my mom has full custody and my mom and dad are on good terms and I see my dad on my birthdat, chirstmas, and other holidays and sometimes on the weekends. My mom has marrried my stepdad Joe. My dad has been asking me to move in with him for quite some time now, and I want to. I live in Burlington, KY and my dad lives in West Chester, OH. He told me that when I turned 14 i could legally choose which parent I want to live with, and I turned 14 on July 29th. I needed to know if this was true, and how I will be able to move in with my father. Thanks in advance, and I tried to include all the information I could!


Asked on 9/07/10, 2:32 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

No, I'm afraid that isn't exactly true.

In Kentucky, child custody is decided on a standard called "best interests of the child.". There are many factors to consider when deciding what is in a child's best interests, but one of those for a minor your age is the child's wishes. You are old enough to have your voice heard by the court. That doesn't mean for certain that the judge will find in your father's favor and say you should live with him, but it does mean that the court considers that along with the other factors. For instance, your ties to the community, your relationship with your parents, educational opportunities, etc.

Think first about why you want to live with your dad, instead of your mom and stepdad. Is it because you want more time with your dad (maybe because you're a boy?), or you don't like your school and want a new start? Or is it because your mom/stepdad are really strict/don't really relate to you, and your dad is less strict/more of a friend? Maybe your dad's house is better, or since your mom has your stepdad, you think your dad is lonely?

If your parents have always had a good relationship, then you probably want to discuss this with your mother before your father "lawyers up" and files a motion for a change of custody. First, he might not win, and regardless of what happens, there will be a lot of hard feelings, and your parents absolutely should not put you in the middle of this. In particular, you shouldn't be in a position where you're being asked to choose between your parents. While you are obviously going to have an opinion, you shouldn't have to tell your mother you don't want to live with her anymore. I would recommend that before your dad goes to talk to a lawyer that you first talk to your mom about your feelings on this, and have a discussion about the reasons you feel you want to spend more time with your father. Perhaps you could first talk to a counselor at school who might help you facilitate that conversation.

I certainly don't want you to think your opinion shouldn't matter just because you're under 18, or that you shouldn't have any say in where you live or where you go to school, but ultimately it is your parents' responsibility to provide for you and make sure those decisions are in your best interests, until you are 18. When they can't agree, that's when they will ask the court to decide for them.

Good luck, and I hope you will tread carefully in this situation. Having a good, open relationship with both of your parents will help you tremendously throughout your life.

Read more
Answered on 9/12/10, 5:28 pm


Related Questions & Answers

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