Q: How can I or my child petition the court for change of living conditions?
I live in Shelby Cnty and my ex-wife lives in Tuscaloosa Cnty. My youngest has expressed the repeated desire to come live with me during a school year. Her mother keeps denying her request to spend a school year with me. What available options does my daughter or I have to get her voice and desire heard? The Divorce was finalized in Tuscaloosa Cnty, if it matters.
A: You can go to court and attempt to modify custody. You should understand the burden that you have to carry in Court to do this. The fact that your child says he wants to live with you is not enough. Hire an attorney in the County in which the divorce was filed and Petition to modify custody. You will have to show that there has been a change in the circumstances of the child since the last court order, and that a change in custody would bring such a benefit to the child that the benefits of a change of custody would over come the disruptive effect of changing custody. That is not an easy burden to carry!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
