Asheville, NC asked in Family Law and Child Custody for South Carolina

Q: I have joint custody with my ex husband. Our daughter is fifteen and would like to live with me now.

Do I need to go back to court or is she old enough to decide?

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1 Lawyer Answer
Taylor Silver
Taylor Silver
  • Licensed in South Carolina

A: Your previous Court Order controls. Changing court-ordered custody and visitation first requires a showing of a substantial and material change in circumstances followed by a best interest of the child analysis. It is complicated and you will very likely need an attorney.

I would start by having a consultation with an attorney or two to get their opinions on whether it is worth your time and money to amend your current custody order.

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