Q: My ex and I have joint legal custody but our kids want to live with me, they're 11 and 13. Can they choose in AR?
I had residential custody of them up until this summer when my husband and I started building a house. They were staying with their dad because their rooms weren't made yet and he asked if I would be willing to change the papers just until my house was finished and they could come back to me but he didn't want to pay child support so I did thinking he would go through with what he said but now he's telling our kids he has no plans of returning them. We live in the same town but I hardly ever see them. Can I hire them a lawyer so they can choose where they want to go?
A: The preference of the children could be a factor, but it’s less likely when they’re still so young. Child custody is determined by the best interest of the child and there are a list of factors that judges consider. I recommend consulting an attorney to determine your best strategy for getting the kids back.
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