Legal Question in Family Law in Missouri
What all does he need to do?
I am helping a friend of mine. His daughter is going to turn 13 soon. I know at that age, the daughter can choose who she would rather live with. What all steps need to be taken in order to gain custody. She absolutely does not want to live with her mother any more and never wanted to in the first place. The only reason she has for the last 2 years is because Bryan got really sick, but he is better and on medication for his blood pressure. He had custody of her from birth til a couple years ago when his health went south. My question is, what steps do we need to take in order to gain custody of said child?
1 Answer from Attorneys
Re: What all does he need to do?
A child who is the subject of a custody order can not legally choose who she lives with even at the age of thirteen. Only the judge can determine custody or modify it. Some judges will consider the child's wishes since the statute allows it, but other judges will not. YOu do not tell us whether there was a divorce or some other legal proceeding which placed the custody of the child with either Bryan or the child's mother. In any event that information would be helpful in deciding how to answer your question. If the mother has a court order granting her custody then Bryan would need to file a Motion to Modify that Order.
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