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Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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My daughter is almost 16. She has chosen to live with her

Resolved Question:

My daughter is almost 16. She has chosen to live with her dad since Christmas day. I have recently moved 45 minutes away from them and have a one year lease until April, 2013.
I have been told by the 'father' that he is moving to another county, over 3 hours away. He expects me to cut my lease and move back to the town in which they live so that HE can then move.
Can he do this? What steps can I take to see to it that my daughter can finish school where she is and not be uprooted?
We have no legal documentation for the change in custody. Now what?
Submitted: 5 years ago.
Category: Family Law
Expert:  Meigs replied 5 years ago.
Thank you for choosing justanswer. Since there is no legal or binding custody decree that states he is the sole physical custodian of the child you are still the custodian. If you live 45 minutes away you can move your daughter but you have said you would like for her to finish where she is. What you need to do is check into judicial emancipation of your daughter. This would make her a legal adult but the court would have to decide it is in her best interest and there would have to be a suitable home or placement with a relative.

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Customer: replied 5 years ago.

So there is nothing I can do to stop him from moving?

I have no family near by so I will have to be forced to cut my lease for $2000 and move back because he wants to move away now.

It just doesn't seem fair that he agreed to this arrangement but when I decided to move, he changed his mind.

I guess I should have filed legal papers in December. :(

Obviously, I am more concerned for her than he is.

Thank you for your help

Expert:  Meigs replied 5 years ago.

Unfortunately since you are still the physical custodian of the child, and there is no court order placing her with him, you will have to do that. Additionally, you can not force a parent with visitation rights to exercise those rights, and you can not force a child custody modification on a parent who is not the custodian of the child. I know this is not the answer you wanted to here, but considering the legal arrangement as of now you can not prevent him from moving without having the custody arrangement modified through the courts.


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