Custody

[jorobbo2411]

My husbands child is 14 and wants to live with us, can she decide this or do we need to go to court to get custody as his exwife has full custody of her.

[james_m246]

I think if it goes to court the child gets to decide. But if you step daughter wants to come live with you then your husbands ex should let her.

?she's not imprisoned is she?

[Sweet cheeks]

I think as his ex has full custody then it will defiantely have to through legal channels if not to court. What does his ex think if her daughters decision? I know that there is an age when a child can have a say as to where they want to live, but am unsure f what it is. How do you feel about the whole thing? Good luck!

[undercovers]

she is a minor and her mother has full parental responsibility - this means she has the final (and only) decision on how to raise her daughter - so the child can not live somewhere else without mothers approval... however if she is will to all the father to take joint responsibility for the child then it can be easily arranged, even if she doesn't agree you could go through the courts to force the change - at which point the childs opinion would in all likihood be asked

[undercovers]

family law solicitor - first half an hour is free, could get to the bottom of it and it might be enough if you get them to send a letter or something just to nudge the mother in the right direction

[Dolly1308]

Why does she suddenly want to live with her Dad ? Is it possibly that her mother will not allow her to stay out late etc.etc. until she is old enough to look after her self ? I'd be very wary of taking on a 14 year old if I was you .

[thikasabrik]

sorry, I have to disagree with the reply given by undercovers because regardless of any custody or residence order, both parents have full parental responsibility. In a fairly straighforward case where there is no allegation of abuse/neglect etc and it is simply a case of the child wanting to live with her father rather than her mother, a family court would almost certainly let the child move, even if this was against the wished os the parent with the residence order. The law changed slightly in March 2005 and the court take into account the wishes of any child age 9 or over.....continued

[thikasabrik]

continued........

Obviously it would save both parties a small fortune in solicitors and court fees if they could deal with this amicably and simply let the child move without fighting a further battle to obtain a new residence order. Explain to mum she would be wasting her money going to court as no family court in the land will force a 14 year old to live with a parent she doesn't want to be with. Do bear in mind that teenagers are notoriously fickle and she may change her mind again before she is 16!

[sadmotherKC]

reply to dolly1308

You asked why does the child all of a sudden want to go? What if the child has lived with her father for several years because of a choice that was made by her to "try it" has always missed her mom but the dad is on a power trip, has made it impossible for the mother? There are two sides to every story.

[a master]

i think that you need to go to court to get custody over the child because you cant just take a child that easy

i hope i have helped good luck