Legal Question in Family Law in North Carolina

Custody

My exwife and ex mother inlaw are telling my 11 year old daughter that she does not have a choice of where she wants to live. She will be 12 in March. We went to court a year ago and were awarded joint custody. I would have won if my attorney had subpeoned al the information that I had requested. What could my ex's attorney be possibly telling them that would tale that right away from her. My daughter lives in NC. During the first trial my lawyer said she could choose at twelve.


Asked on 2/02/08, 9:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody

No, it would be rare (at least in the Commonwealth)where a judge would allow a 12 year old to be the sole arbiter of where he or she should live in a custody dispute since such a child is rarely mature enough to be able to decide what is in the child's best interests(taking into account all of the many factors which must necessarily go into such a determination).

It would appear that your former attorney was wrong about a number of things.

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Answered on 2/03/08, 6:16 am


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