Legal Question in Family Law in South Carolina

15 year old wants to live with her father

my 15 year old wants to live with her father. what if anything can i do? she will be 16 in september. her father has paid child support for her since she was 5 but just started visting her within the last year. the only reason he sees her now is because i helped her find him. he tells her he is going to get her for the weekend and then doesn't show up he hardly ever calls her she always calls him, he and his wife have been having problems,he left his pregent wife and went to the beach with his girlfriend and her kids and my daughter. my daughter has told me many times that her dad drinks to much,he has 5 other childern besides my daughter so half of his paycheck is going to child support,he has one child that he doesn't pay childsupport for. he and his wife have very little income.he is more of a buddy to her than a parent and i think that is the reason she wants to live with him.she says its because she wants to send more time with him and to get to know him better. her father has said to me that he is going to get a attorney and take me to court and that he has been told that my daughter is old enough to pick who she whats to live with and then i will have to pay him childsupport. i think he may be useing my daughter for money


Asked on 3/15/07, 10:04 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: 15 year old wants to live with her father

The child's preference is only one of many factors that the Court considers in a case like this. For instance, children typically want to live in the least restrictive environment, but that is not in their best interest in many cases. The Court will also look at the history of everyone in this case -- who has done what for the child thus far, who is more responsible, etc.

If you believe he is serious about taking you to Court over this, then you should begin preparing now, including finding the "right" attorney for you. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 3/15/07, 11:26 am


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