Legal Question in Family Law in Massachusetts

Re: Custody and children over the age of 15

Technically, a child under 18 must live where the Court orders. However, at age 17, the courts have no effective power to enforce this. At age 18, the child is an adult, and has the right to choose residence.

A child of 15 technically does not have the absolute right to decide his or her residence. However, many children in this age range "vote with their feet." At this point, the courts are faced with a practical question: is the child in serious danger with the "parent of choice?" Is there a real reason that the other parent should, in effect, be forbidden from keeping the child there? Remember, it is hard to order the kid -- but the PARENT is subject to contempt powers. A parent jailed for contempt for six months cannot take care of the child.

Very, very few cases get to such a place. Usually, the Court is faced with two adequate parents, and one kid who has made the matter difficult. In that case, the child's "choice" is recognized for purposes of the child's safety and assignment of financial obligations.

The STRONG caveat is that the Court can get very surly if the non-custodial parent lures the child with promises of things, excess privileges, etc. that he or she doesn't get in the home. That sort of bribery is NOT in the child's best interest, ever. It teaches the child to pit the parents against each other -- an education the child probably doesn't need in any event.

If you need assistance in a case in which the child has a genuine need or desire to change residence, I would be happy to engage in a private consultation.

Custody and children over the age of 15

If there are changed circumstances that you think are enough to seek a change, then file for a modification. The desire of the child has some impact, but not total impact.

If you need assistance, contact me.

Re: Custody and children over the age of 15

The standard is always "the best interest of the child". Even though the child has been living with one parent all his life, doesn't mean that standard doesn't apply anymore.

As a non-custodial parent, you still have the right to modify custody by filing a Complaint for Modification on the basis of custody. It would be helpful to have the child sign an affidavit that states he wants to live with you or if you have a GAL appointed, then he can tell the GAL. If he's really strong, he can even testify in court and the judge might hear him. The last option is not usually recommended because 15 years old is still a pretty young age to be subjected to a custody battle.