Legal Question in Family Law in Minnesota
Child Custody
My daugher is 15 years old. The mother has custody, but my daughter has lived with me the past year. I flew my daughter home for summer and the mother told my daughter that she is staying with her and that she is getting the child support turned back on and that she is going to ask for an increase because she has learned that I make a lot of money. She also told my daughter that she would split the increase with her if she would stay, but my daughter doesnt want to stay she wants to live with me. Because she is 15 years old can she choose where she wants to live? what are my legal options.
2 Answers from Attorneys
Re: Child Custody
Kids don't get to make those decisions but she can speak with the judge to express her preference. Have your lawyer file a change of custody motion.
Re: Child Custody
You would have to seek a change of custody through the courts. And your daughter is old enough that the judge would take her decision very seriously and would likely only go against your daughter's wishes if he had reason to believe it was not in her best interests to stay with you.
Get it filed right away - depending on the county, it can take a few months to get things resolved and you want this done before the school year starts again.