when is a child of legal age

[arabflow]

My daughter is 12 and wants to live with her Dad who lives in Wyoming. We have joint custody. Is she old enough to make this decision?

 

[jharris352]

What jurisdiction is your custody order from? I highly doubt she is old enough to MAKE the decision of where to live, but somewhere around 12-14 Judges start taking the child's wishes into consideration when making a decision.

 

[jacksgal]

The decision on where child lives belongs to the parents and Judge. A Judge may choose to listen to the minors choice but the final call lays with the adults and what is in child's best interest

 

[arabflow]

Thanks for the quick response. The jurisdiction is in Wyoming. So is our lawyer.The father has not seen her for over a year. He has not called since her birthday in July.

 

[mightymoose]

Her wishes won't come into play unless you end up back in court, and even then it would be up to the judge. Right now you are the custodial parent and you make the decisions. If dad has joint custody and is not exercising those rights you can go back to court and ask for a modification that reflects actual visitation. The more time he is entitled to, the less support he has to pay you.
Wait for him to show he is willing to give your daughter the attention she deserves before just letting her go because she misses him.

 

[BayState]

Thanks for the quick response. The jurisdiction is in Wyoming. So is our lawyer.The father has not seen her for over a year. He has not called since her birthday in July.

Has he filed for a change of custody?