Legal Question in Family Law in New Jersey
Daughter wants to live with me.
My 3 children live with my ex-wife. And my daughter which is 16 now wants to come live with me cause of her living conditions.My ex-wife is an alchoholic and so is her on & off husband.Her best friend in the whole world is moving and that was her escape, she confronted her mother and as expected she went nuts. My daughter does not want to start a big custody battle but she has made it clear she no longer wants to live at her present location. My ex currently has full custody only cause at the time of our divorce she had a lawyer and i did not. I was depressed about the whole situation and have suffered ever since.. I Have never had a problem with child support..Does my daughter get a choice at her age or do i need to get a lawyer and prepair for a battle. I just want what will make my daughter happy.And all of this is not the culmination of a fight between the ex and the daughter she is just not happy there...
1 Answer from Attorneys
Re: Daughter wants to live with me.
If you and your daughter wish to make a change in custody, you would have to file an application with the Court seeking a modification of custody based upon the fact that your daughter has expressed a desire to reside with you and based upon the problems in the mother's home. Generally at age 16 the Court is required to interview her and consider her desires. However, her desire is not determinative, only a factor that the Court will consider. Practically speaking if she wants to live with you, considering her age, most judges will change the custody if there is no indication that there is any reason not to. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
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