Wichita, KS asked in Family Law for Oklahoma

Q: Can a 13 yr old choose to live with their dad if their mom has left them with their grandma

My daughters 13 years old friend wants to live with her dad, her mom has no home at the moment and left the kids at her moms house. The girl doesn't want to live with her grandma, she wants to live with her dad but her mom n grandma keep telling her no she can't go live with her dad. Her dad has a home and stability something that the girl needs and he is her dad. I'm just trying to help figure out what this girl can do because she is unhappy and wants to live with one of her parents and has told her mom that she will move back when her mom gets a home of her own but until then wants to live with her dad. What can be done? I don't believe that their is any legal custody papers in the courts

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2 Lawyer Answers

A: Her dad would need to hire an attorney and file for custody of the child.

A: Based on your question there are a lot of moving parts. If there truly is no custody papers, then the father has a legal right to the child. But this is a very touchy subject and would need to be researched fully to make sure there are no legal custody papers. If the maternal grandmother does not have guardianship then her input is not completely binding as a grandparent does not have the same rights as the actual parent. As Pete stated in his answer your best bet is to hire an attorney and file for custody, or modification of if there is papers stating custody.

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