Legal Question in Family Law in Michigan
A update on What constitutes a custody change
I was just contacted by an attorney about my custody case that I talked about in my prior question What constitutes a custody change. I was just told on the phone that if my son wants to live over there with his father since he is turning 16 this month that the judge would agree to it. Is this true, does it not matter that I have raised him for 16 years, that just because he may want to live there right now, I have no chance to win?
thank you
2 Answers from Attorneys
Re: A update on What constitutes a custody change
The child's preference is just one factor the judge may consider. The judge has many other things to consider to determine what is in the child's best interests. If your ex insists on a custody battle, get a good lawyer. William S. Stern 248-353-9400
Re: A update on What constitutes a custody change
You first need to find an attorney that you are comfortable with and trust. You should rely on her / him for advice. Your attorney will take many things into consideration in answering your questions. Some examples are: the law, the particular judge's opinions, the maturity of the child, etc.
Although you should not rely SOLELY on the information that I am giving you, the law does not allow a minor child to make decisions about custody. The law does give the judge discretion to consider the child's desires as ONE of the factors.
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