Q: AL child custody laws
My ex and I have split custody now- 50/50, week on week off. Due to week changes to fit his entertainment schedule and sending numerous threats about their “punishment” for not going to his house on his time, both of my kids (17 and 14) are refusing to go to his house, I’ve had them for 3 weeks. Just got an email from him that states the kids can’t make that decision on where to live until 19. I’m hearing conflicting info that once kids are 14, they can choose which parent to live with. I have hired an atty but I can’t get in to see him until 11/7, unless he has a cancellation. I know I’ll have to take him to court to change custody but until then do I have to force the kids to go to his house?
A: Hello. There is misinformation floating around regarding children and the age when children can "choose" who to live with. Children do not get to choose who they want to live with until they are no longer children, which is 19 in Alabama. That being said, the older a child is the more weight their opinion carries in custody determinations in front of a judge. So you have that going for you. Other considerations would be your violation/contempt of not following the current order that's in place because rightly or wrongly the kids have had a change of heart about dad. It's rare that police will force older children to go with a parent when they are adamant to police about not going; however, police can still be called and reports made. Best of luck!
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.