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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My nephews are 14 and 13, there dad and step mother seperated

Resolved Question:

My nephews are 14 and 13, there dad and step mother seperated about 3 months ago. There dad moved them to the state in which I live in because of the seperation and because of his drug use. Now 3 months later he wants to move back with my nephews step mother. My nephews are doing awesome and do not want to go back. At there age are they able to decide where they want to live?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

If he has custody of the children, they cannot decide to live apart. Only at 18, or the age of majority, can they lawfully and legally choose to live elsewhere. Until then, unless the father is somehow proven to be "unifit" as a parent, and ends up losing custody of the children, they (the children) must comply with his decisions and live with him.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 6/1/2010 at 7:51 AM EST
Customer: replied 6 years ago.
Relist: Inaccurate answer.
Expert:  Dimitry K., Esq. replied 6 years ago.
I see that you relisted my answer. While you may believe it is inaccurate, my answer is correct, only a handful of states give the choice to children in picking their custodial parent, and North Dakota is not one of them. While the judge may listen to their requests, the courts ultimately make the decision not on what the children wish but on what the courts deem to be "in the best interest of the child".

Good luck.

Edited by Dimitry Alexander Kaplun on 6/1/2010 at 7:59 AM EST
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