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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My aunt has legal guardianship of my nephew and has since he

Customer Question

My aunt has legal guardianship of my nephew and has since he was a baby. He is now 14 and is having lots of problems living with her and is now kicked out of school for the year. He wants to live with me now and not her, but she doesn't want that to happen. I want to know at what age can he decide who he wants to be his guardian and how do I get the courts to listen and change this. We live in Missouri and the custody for my aunt is in Missouri.
Submitted: 8 years ago.
Category: Family Law
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- The laws that permit children to choose are designed as between parents and do not give children the right to live with just anyone they please. In addition, you say the aunt has a guardianship which is different form normal child custody and is through the probate court.


If she simply had child custody you could make a motion for a change of custody with the court that granted the order and the court would award custody based on the best interests of the child and would most likely listen to testimony from the child.


In the case of a guardianship you would have to petition the probate court for the removal of your aunt as guardian and apply for a guardianship for yourself. It is much more complicated than a simple change of custody.


In either case you must file with the appropriate court for either a change of custody or a removal of the guardian.


David Kennett - JD - Attorney at Law