Q: I share custody of my 17 yr daughter with her father. She got mad and moved in with her dad and I haven't seen her 3
months. Her father is about to be evicted after his house went into foreclosure and won't tell me where they going. Do I have any legal rights as she is now 17? Is there anything I can do. He stopped paying child support over 7 months ago.
A:
More information will need to be provided. Specifically, what the prior court states regarding the exact custody arrangement you and the father have. That order is in place until modified by the Court, if you, the father, or your daughter file a Complaint to Modify Custody with the Court. Your daughter is able to request a modification of the current custody arrangement (if it was provided via a Court Order), now she is now over 16 years old.
If you think that your daughter's father will listen and depending on your relationship with your daughter's father, perhaps you could have a conversation with the father regarding the current issues related to your daughter and come to an agreement as to what is in the best interest of the child. It also may be beneficial (if possible) to have a conversation with your daughter and come to the route of the problem and why she wants to stay with dad.
Either way, if dad does not agree to a change you can file for custody (your daughter or the father can as well). Since there is a current order in place, whoever files must prove a material change in circumstance before the Court would even consider what is in the best interest of your daughter. Even if anyone of you is able to prove a material change in circumstance it does not mean that the Court will grant a modification of custody. The Court will determine what custody arrangement is in your daughter's best interest. Just because your daughter is requesting a change in the custody arrangement does not mean that the Court will grant said request.
If you decided to move forward with a request to modify custody you can also bring contempt action against the father for non-payment. You can also do this separately if you decide not to pursue the custody route and/or child support is suppose to be collected through the Office of Child Support Enforcement.
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