Legal Question in Family Law in Tennessee
I am divorced for 9 yaers now, My doughter is 16, and her dad is gething maried ,I am living with her and she go's to her dad on the weekend. Now he is gething maried he tells evybody he going to file for ful costedy, can he do this .
Sorry; for my english, i am from belgium.
1 Answer from Attorneys
Well - first your English is fine.
The law follows what is sometimes called the rule of 7's (it is more a guideline than a rule). A child under the age of 7 is considered incompetent to make decisions. From 7 to 14 they are presumed incompetent but this can be overcome based on the child's level of maturity. From 14 to 18 the presumption is they are competent unless otherwise shown. All this to say - your 16 year old daughter should be heard in court as to her wishes in a custody battle. Also on your side is the fact she has lived with your for the past 9 years. Of course he can go to court and try to get full custody but it will be an uphill battle if your daughter wants to remain with you.
Best of luck to you.
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