Legal Question in Family Law in Michigan

Can a child at 15 yrs. decide whom she wants to live with?

My 15 yr. old step-daughter has decided that she doesn't want to stay with her mother at all anymore. My husband and her mother have 50/50 legal/physical. Do we have to file a motion for a change in custody through the courts? Would we need a lawyer?

Also, is it legal for her mom to have 2 kids living in a small motorhome with no bathroom/running water? They all have to go next door to the grandma's place to use the toilet/shower/get water?

A brief bio of the case: Husband was never married to the mother. We have been married for 9 yrs. both have stable jobs (same for 13 yrs.) and have lived in the same home for 10 yrs. Mother has lived in countless places, getting evicted 90% of the time. She has also had countless jobs. She has also been arrested for maintaining a drug house (although wasn't charged) and has 2 misdameanor asst/batterys. Husband and I have no criminal pasts/arrest.

What should we do? Would having my step-daughter call protective services help?


Asked on 7/23/06, 2:07 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Can a child at 15 yrs. decide whom she wants to live with?

You have to file a motion for change of custody. My advice is to get a good, reasonably priced lawyer who does lots of family law. Custody cases are time consuming and somewhat difficult. You can do it alone but you are far better off with a lawyer. William S. Stern

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Answered on 7/24/06, 7:01 am

Re: Can a child at 15 yrs. decide whom she wants to live with?

Calling Protective Services might help. The child cannot make custody decisions however her input would probably be weighed by the judge. You should hire an experienced attorney to file a motion to change custody.

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Answered on 7/23/06, 2:16 pm


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