Legal Question in Family Law in Wisconsin

can i choose who to live with?

My daughter is 15 years old and lives with her dad in Wisconsin. She wants to know if she has the right to choose who she can live with. She would like to live with me. Does she have any rights in deciding her placement? If she does how does she do it?


Asked on 12/16/04, 7:40 am

2 Answers from Attorneys

John O'Donnell Attorney at Law

Re: can i choose who to live with?

It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of your particular matter.

However, I will try to provide you with some information.

Because I do not have all of the facts, I do not know whether New York courts would have jurisdiction over your custody issue. In New York, the court must consider many factors in determining custody. One among these is the wishes of the child. But remember that this is only one of many factors to be considered by the court in determining what is in the best interest of the child.

I hope that this information has been helpful.

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Answered on 12/16/04, 3:37 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: can i choose who to live with?

All of you (ie., You, the father AND your 15 yr old daughter), whether separately or together, have a right to PETITION (a "domesitic relations" or "family Court," in the jurisdication in which your child lives, (OR, the Court that issued the orginal custody determination or order) to change custody.

However, it would be a much easier experience for all concerned, if your daughter discussed with her father her desire to live with you and ASKED him for his help and support. She might explain to him that she has a need to be with an adult woman...her mother, now that is a young woman, or such other stuff that will fly, to get his cooperation.

Good luck,

Phroska L. McAlister, Esq

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Answered on 12/17/04, 12:18 am


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