Legal Question in Family Law in New Jersey
my husbands daughter wants to move in with us
my stepdaughter who is just about to turn 13 is tired of all the arguing that goes on at her moms house between her mom and her brothers and her 1 brother and her. she is constantly calling me up crying about the way things are there. i do not know what can legally be done about her moving in with us.does she have to make the first step in finding out what she can do. it has had her so upset that she keeps saying she can not wait til she is 18 to move out, i do not like seeing or hearing her so unhappy we are willing to have her come stay with us but i do not want to with out the law behind us.
1 Answer from Attorneys
Re: my husbands daughter wants to move in with us
Your step-daughter may be at an age when she can choose where she wants to live. There is no particular age. It depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. However, it would likely require a Motion to change primary residential custody based on substantial change of circumstance. All child-related decisions are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
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