Can my seventeen year old daughter move out of her mothers home to live with me? 26 Answers as of September 12, 2011

No, not unless the mother agrees. However, that said, many judges will not force a child who is almost emancipated to live where they don't want to. You should consult with an attorney.

Unless you get a judge to award you custody, no. You'd possibly end up in jail, either for contempt or interference with custody, or even kidnapping. If you want custody, get a lawyer, go to court, and seek it.

What does your custody order state? File for a Modification if your daughter and your polite request to the mother does not work.

You must modify the current custody plan to allow for the move. This would require filing a motion with your family court and serving the mother.

No, until she is 18 she doesn't get to decide, you and her mother should try to agree or take it to court.

Yes, she can but you may have to file a motion to modify to change primary residence if you ex-spouse does not agree. In addition, you may be entitled to child support.

No. In order to change custody, a Motion must be filed with the court. Although a court may consider a child's wishes, the child never gets to decide where they will reside until they are 18 years of age.

Under Georgia law, a child can select their custodial parent at age 14. However, this can not be done informally or "on her own". You must file a custody modification action and get a court order for modification of custody and child support. At your daughter's age, it probably would not be much more than a formality, given your daughter's age. However, it must be done through the court system. Child support might be a sticky issue, as the mother would owe you child support if you get custody. You need to retain a lawyer and file a custody modification case. This is the only legal, binding, and appropriate option.

That isn't exactly the right question. Clearly your daughter can move to your home. The real question is "if she does, what will/can the mother do?". The answer to what she could do depends largely on the terms of the parenting plan/custody order that is current in effect. If the mother has no objection to the move, she doesn't need to do anything. But, if you wish to stop paying child support based on the move you will need to modify the current court order. If mother objects to the move, she could seek enforcement action against you through the courts (either criminal charges or contempt). So, if she objects you would need to seek a modification order from the Court based upon the child's desire. What she wants won't drive the train, but a judge will certainly listen to her and to her reasons before making a decision as to what is best for the child.

Probably. But you'll need to file for a custody modification first to ensure you're not going to get in trouble for it. Even with a 17 year old, you could be arrested for Interference With Child custody and/or held in contempt of court otherwise. Unless there's some major problem with her living with you, her stated wish to do so at that age will probably be enough to get the court to change custody.

No, unless there is no custody order relating to your daughter. You should contact the court to schedule mediation if there is a custody order.

You should obtain a Court Order first. I know, it is expensive, but you will save yourself some drama doing this. At 17, her desires are considered, but the Court will always side with what the Court believes is in the best interests of your daughter.

If she is legally emancipated she can. She will have to petition the court for emancipation.

I have done a couple of these. Call me, and I can talk you through it. The judge is not likely to force a 16year old to live with her mother, if you can provide a safe, stable home and if it is in the girl's best interests. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

If you want to do this, you are going to need to file a Supplemental Petition to Modify the Final Judgment. You will also need to file a Motion to allow a minor child to testify. A judge may or may not allow her to state a preference, depending on her maturity. Even if she is allowed to state a preference, that will only be one factor the court will examine in determining what is in her best interests.

If her mother is not in agreement, you still want to get a court order. At 17 years old, she can pick where she wants to live but if the other parent is not in agreement you still want to get a court order to protect yourself. If not, mother can state that you are violating the existing orders. Thus, it would just be easier for there to be an order allowing her to come and live with you.