Legal Question in Family Law in Utah
child custody
My best friend has a 15 year old
daughter. She has become a little bit
of a problem with pushing limits with
her mother who has full sole
custody. She visits her father every
other weekend and on Wednesdays.
He is a convicted felon and has been
incarcerated 3 times all because of
meth. My friend has been her sole
caretaker she does all the parenting
school activiteis, provides insurance
etc. Her daughter wants to stay with
her dad know because there are no
rules He has stated she is old enough
to decide who she wants to live with.
This sounds ludicris to me. Is this
possible
2 Answers from Attorneys
Re: child custody
There are 8 factors which courts use to decide the custodial parent. The child's choice is only one of them. With his drug history it is very unlikely
Re: child custody
The child does not get to choose. If the father wants to change custody, he will have to file a petition to modify the decree which will begin a fairly long and drawn out custody fight in court. Based on the information you provided, it is doubtful the father would prevail on his petition. The child's wishes are made known to the court through a court appointed custody evaluator but the court is not bound by what the child wants to do. The court will always make its ruling based on what it believes is in the best interests of the child.
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