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My daughter is 16 and wants to move to Virgina with me. Her mom has custody right now and I pay child support. My attorney infomes me that the likely hood of me winning a custody battle is slim, only because I'm in Virginia. Can my daughter fine on her own to request to move in with me?
Optional Information: Country relating to Question: United States State (if USA): Michigan Already Tried: Every time I get draged back into court in MI I lose more and more. My child support keeps going up and last time my ex got out of being responsable for any travel. So now I have to cover 100% of the cost, so I know don't get to see my kids once a month like I use to. I only see them on major vacation times.
Good morning and welcome to Just Answer. Unfortunately, your daughter does not have the right to file for a change of custody. However, should you file for a change of custody in Michigan, the court uses the "Best Interest of the Child" standard to determine whether custody should be changed.
Your daughter will be able to state her wishes as she is of sufficient age to make her wishes known. However, she (and you) will need to have clearly stated reasons for the move, such as better schools, etc. In addition, the court will need to first determine whether there has been a sufficient change in circumstances to warrant a change in custody from the original determination.
You may ask what constitutes a change in circumstances, you should read this webpage for some ideas. http://www.michiganlegalaid.org/library_client/resource.2005-05-29.1117417920074/
The Friend of the Court can provide you with necessary forms.
Please let me know if I can provide you with any other information or clarify anything for you.
Experience: Divorce, custody and child support attorney.
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