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I have 17 year old daughter that wants to move back in with…

Customer Question
I have 17 year...

I have 17 year old daughter that wants to move back in with me and my wife (her step mother) but she lives in a different state with her biological mother. I had custody of her until 2011 when her mother went and filed for temporary custody in a different state. By my divorce and custody papers i still have legal custody of her. Again she is 17, and is wanting move back home In order to get in in school here I need to make sure everything is done correctly so that she doesnt have to go back with her mother.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Yes. We live in Missouri and they live in Kansas. I have sole custody in Missouri but in Kansas she has custody. When we tried telling the courts that they over looked all of our paperwork. We were not able to see her for 5 years because her mother knew that if they went over state line that she would have to give them back to me. I was forced to sign my rights over in Kansas but not here. I want my daughter home, but I need to make sure it is all done the right way.

Lawyer's Assistant: Has she talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I still have my divorce papers and custody papers that state i have custody. I also have all the documents such as birth certificates and social security cards to prove that I am her father. My daughters name is ***** ***** due to me having to sign my rights over. If I would not have done that then I would still not be able to see her. I have 2 children in this case but the younger doesnt want to come home and she doesnt remember anything that happened between her mother and I with all this.

Submitted: 1 month ago.Category: Family Law
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Answered in 4 minutes by:
3/23/2018
Family Lawyer: jb156200, Lawyer replied 1 month ago
jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 893
Experience: I am a licensed practicing attorney in Tampa, Florida.
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Family Lawyer: jb156200, Lawyer replied 1 month ago

Since it looks like Kansas is the governing state determining custody, you will need to file a Motion for Modification of the Child Custody Order. You should attach a copy of the Missouri Court order that granted you custody originally. There will be a hearing set, unless your ex consents to your daughter moving.

In nearly every child custody hearing, the primary concern for the court in creating a custody arrangement will be the child’s best interests. Family courts in Kansas have the ability to consider all relevant factors to the child’s best interests, safety, and wellbeing.

Some of these factors will focus on the child, like the child’s own wishes and the general interest in maintaining consistency and continuity in his or her family life, community, and education. Other factors will focus on the parents, like which parent is more able to take care of the child’s daily physical, emotional, and educational needs, while maintaining a loving, stable, and nurturing relationship with the child.

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Family Lawyer: jb156200, Lawyer replied 1 month ago

Since your daughter is 17, the judge will give a lot of weight to her choice of where she wants to live. She may be asked to attend the hearing because the judge may want to speak to her directly concerning her choice. Your ex cannot prevent her from talking to the judge.

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Family Lawyer: jb156200, Lawyer replied 25 days ago

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