How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7406
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

My 16 year old child wants to live with me full time in Texas

Customer Question

My 16 year old child wants to live with me full time in Texas and not return to Florida to her other parent whom we have a joint custody agreement. At 16 years old can she decide or does age not matter til she turns 18?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
A few minutes please as I look into this for you.
Expert:  LegalGems replied 1 year ago.
thanks for your patience. The FLA courts will be the ones to make a modification of custody based on the uccjea -
Expert:  LegalGems replied 1 year ago.
A federal act that governs child custody jurisdiction.
Expert:  LegalGems replied 1 year ago.
Essentially the state that issues the original decree retains jurisdiction
Expert:  LegalGems replied 1 year ago.
under its continuing exclusive jurisdiction, until all parties relocate.
Expert:  LegalGems replied 1 year ago.
Per the FLA statute, a court can consider the child's wishes.
Expert:  LegalGems replied 1 year ago.
i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
Expert:  LegalGems replied 1 year ago.
located here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
Expert:  LegalGems replied 1 year ago.
Per case law, this is one of many factors to be considered - https://scholar.google.com/scholar_case?case=4522411941546402008&q=custody+child%27s+wishes&hl=en&as_sdt=4,10
Expert:  LegalGems replied 1 year ago.
as the court needs to look at the overall best interests of the child.
Expert:  LegalGems replied 1 year ago.
The more mature and well adjusted the child is, and the more secure/nurturing the home is, the more likely the court is to grant the request.
Expert:  LegalGems replied 1 year ago.
Did you have any questions on the above? The site is having technical problems so I can only type a few sentences at a time.
Customer: replied 1 year ago.
Yes, at the age of 18 even if she is still in high school can she make the decision herself at that time? Even though she is in school at the age of 18 she is still considered an adult and can decide then?
Expert:  LegalGems replied 1 year ago.
Yes, at age 18, the adult child is legally able to decide where s/he will live; it can impact child support however; most
Expert:  LegalGems replied 1 year ago.
courts word the order so that support ends at age 18, or high school graduation, whichever is later.
Expert:  LegalGems replied 1 year ago.
However, if the child's residence changes, that is a changed circumstance that can trigger a modified support order.
Customer: replied 1 year ago.
ok, thank you
Expert:  LegalGems replied 1 year ago.
You are most welcome.
Expert:  LegalGems replied 1 year ago.
-------------------------------------------------------------------------------------------------------------------------------------------------If you have further questions please be sure and respond before rating. If you have no further questions, Kindly rate positively so that the site is permitted to credit my account for assisting you- there is no additional charge for a positive rating and it is most appreciated.Without a positive rating, I receive no compensation for assisting you this evening.Thank you and take care!
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!