Contempt
Has anyone had a bio or skid choose to live with you full time despite court order?
For instance - 50/50 custody, child is 14. Has had many conversations with one particular parent about choosing to live with that parent full time. Mature enough to ask to speak to a judge. Has valid reasons as to why child wants to make that choice.
Reason for question - other parent will make it difficult. Most likely try to involve police. Full time parent would essentially be in contempt of custody order (however already filed to modify for other reasons and other children involved)
I am under the impression that authorities will not drag child out of the house.
What is anyone else's experience in this? If you did end up back in court how did the judge handle that choice and contempt?
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I think that is the age where
I think that is the age where a lot of places will allow the kid to tell the judge where they want to live.
True, it's ultimately up to
True, it's ultimately up to the judge and CO.
Not yet, but I see it coming
Not yet, but I see it coming soon.
I would also be interested to hear about anyone's experiences with this.
Oh, and did you mean 'contempt'?
Edit to add: Never mind, just saw it was changed
I would not recommend
I would not recommend operating in contempt of a custody order, even if it's based on the preference of a child.
If the 14-year-old wants to live primarily with one parent, I would petition to modify the custody order and let the judge decide.
If a parent was charged and convicted of contempt relating to custody, it would be less likely (though not impossible) for that parent to be awarded full custody in the long run.
^^^^^^^^^^^^this!! A judge
^^^^^^^^^^^^this!!
A judge may or may not listen to a kid's wishes (here in Michigan, no dice) BUT proper channels need to be followed.
Child insistent. Has valid
Child insistent. Has valid reasons however would be hard to prove as it could turn into child word against adult word.
We are talking high school age where if child chooses to just not leave and follow CO it would become forceful situation which parent is not willing to do.
Have had conversations about other parent in a positive manner about discussing first, pointing out issues and trying to fix them etc. Child has tried and it has now come to this.
If the kiddo is insistent,
If the kiddo is insistent, then file a motion in court, and as WOB said, do it right.
If the child is mature enough
If the child is mature enough to make this decision for himself, then he is mature enough to understand that there are legal channels that need to be followed. Now, the first step might be to see if the other parent would amicably agree, but barring that, it needs to go to court and child must adhere to the CO until it is ordered differently.
A child can't make the
A child can't make the decision of who they want to live with. This whole notion of "being old enough to decide" is a fantasy. Sure, in SOME states, a judge will talk to the teen and ask them what they would like to do. BUT that doesn't mean the judge is going to agree and switch custody based on their wishes, no matter what arguments they may make to support their desire.
And, really, don't be so anxious to "win" and have your skid choose to live with you. THEY CHANGE. When you go from part time, friendly and pretty much hands off to full time, "This is my house and these are my rules" watch how fast they hate you.