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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Question, My Daugther wants to move out of her moms and come

Customer Question

Question, My Daugther wants to move out of her moms and come and live with me, her Dad.
She is 17yrs. will be 18 in Oct. How can I do this legally now, she does not want to go back home.
John Soliz
Submitted: 3 months ago.
Category: Family Law
Expert:  Legalease replied 3 months ago.

Hello there John --

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File a Motion for Custody at the local family court in the county where you live and make sure that you write into the motion that your daughter is 17 years old and it is her decision to move her place of residence to her father's home. At the same time, if you are paying child support you can add in a motion to reduce or terminate child support payments for your daughter so that you are not paying support to your ex while your daughter is living with you. The court will set a hearing date in a few weeks and it is virtually guaranteed that you will receive custody so long as you have not had any issues or problems with the courts because when a child becomes a late teenager (usually 16 or 17 years of age) the judge will permit them to make their own choice of residence between the two parents. I am not sure how your ex feels about such a move, but her protests will most likely fall on deaf ears of the judge unless there is some reason why she can prove that you are not fit as a father to have your daughter live with you. You can get form paperwork at the courthouse that you can use and complete and hand it into the clerk;s office to get a hearing date and you are also responsible for sending your ex a copy of all of the paperwork by US mail so that she has notice of any upcoming hearing actions that you apply to the court for.

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MARY