State of Mississippi. What is the legal age a minor child can decide on permanent residence between parents? My wife's ex-husband has recently stopped paying court ordered child support,over 3 months now.He is now threatening to take her back to court for custody of her 13 year old son. We were wondering what our options are. Thank you...
Country relating to Question: United States
State (if USA): Mississippi
Dear JACUSTOMER - Your wife needs to file a motion for contempt of non payment of support. Children do not have the absolute right to choose between parents and certainly not a t 13.Generally the courts will grant the wishes of older children starting at 14 or 15 but the court has the final say. The courts will not award a change of custody simply because the non Custodial Parent wants to avoid support and there would be no other reason that I see from your facts that a change of custody would be warranted. so your wife needs to take action and file a motion for contempt. The court may listen to her 13 year old but unless there is some really compelling reason to change custody I doubt the father has much chance under these circumstances.
Thank you.... Would she need an attorney? How do we start the contempt process?
You simply file a motion with the court where the support was ordered and ask the court to order him into court to show cause why he should not be held in contempt for violating the court order to pay support. You can do this on your own but it is better to have an attorney and she can also ask that her ex be ordered to pay the attorney fees for any motion in contempt.
thank you very much. Have a nice weekend.
You too and thanks for using our service - Dave
25 years experience as practicing attorney
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