Q: Can my 15 year old daughter ask to live with her father because she doesn't like my rules?
She says that I yell at her, stress her out when I make her live up to her responsibilities (not her words, mine). She wants to go to the school in her Dads district, I told her I would make arrangements for that. Except her father doesn't want to make transportation plans. She says I don't care about her, meanwhile I am scrimping, saving every penny to send her to gymnastics that exceeds child support pymts by 3k a year so she can go because it is what she wants to do. She wants a big Sweet 16, so instead of going to visit my son overseas in the military I am using the 6k to throw her a party. (The 6k is coming from her stepfather) He only wants to contribute 1k toward the party. Her father doesn't want to help pay for the sports even though in the divorce agreement it says he is to pay 25%. (She also has a 13y brother) She is on a "my mother hates me" kick & thinks living with her father is the answer. Meanwhile he jumped on the bandwagon and is encouraging this. What are my options
A: A change in residential custody would require your consent or a court order. To get a change in custody, the father would have to prove that there is a significant change in circumstances which would prompt the change in custody and which would be in the best interests of the child. The child's opinion is one of many factors that the court would consider in determining whether it its in your daughter's best interest to have custody changed. I suggest you have a consultation with an experienced family law attorney to review all of the factors the court will consider and how your case fits into that. If the father does file a motion for custody I strongly urge you to retain an attorney to represent you, as custody matters are legally and procedurally complicated and an attorney will know how to navigate this and represent your interests in the best possible way.
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