Is there an age in which he can state with that he wants to live with me his biological father? 6 Answers as of September 23, 2013

My son is 13 years old and has been living with me for a few months now. He wants to continue living with me. His mom has domiciliary rights, which was part of Child Support. He has admitted to his mom that he wants to live with me and understands that with me he can learn to be a young man.

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Provda Law Firm
Provda Law Firm | Bruce Provda
You should see your attorney about filing for domiciliary rights yourself. The court may take your son's wishes into consideration.
Answer Applies to: New York
Replied: 9/23/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
The court may start listening now, but that does not mean that the court has to do what the child wants. All you can do is file a petition for modification and see what happens. I suggest hiring an attorney to see you through the process.
Answer Applies to: Idaho
Replied: 9/23/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
The first question would be to find out whether custody has been established. If you have current custody orders, then you can modify those orders by proving there is a substantial and continuing change in circumstance that affects your son's well-being. The fact he is currently living with you and has been doing so for awhile could be considered a change in circumstance. Your son's opinions and preferences, provided he is of the capacity to express preferences (which is up to the court to decide) can also be a factor. There is however no brightline rule that says a child can decide where he or she wants to live at a certain age.
Answer Applies to: Arizona
Replied: 9/23/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, there is no age where a child can decide where they want to live (other than 18). However, if they are old enough, it can be considered. If the Mother is not in agreement, you should consult with an attorney in order to best determine your potential rights and options. Even if the mother is in agreement, you want to definitely have something written up so that she can't later change her mind. In the meantime, detailed answers (under Florida Law) to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly. Additionally, if your existing or potential case is in or near the Central Florida area (Orange, Osceola, Lake, Sumter, Marion, and nearby counties), I would be more than happy to speak with you personally regarding your potential Family Law matter. My office offers free initial telephone consultations, during which we can discuss your matter in more detail, as well as explore the potential rights and options available to you. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same. Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
Answer Applies to: Florida
Replied: 9/23/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
Answer Applies to: New Jersey
Replied: 9/23/2013
    John Russo | John Russo
    Yes 18, the older the child gets the more weight the court will give to their wishes, but there are a number of other factors to take into consideration also.
    Answer Applies to: Rhode Island
    Replied: 9/23/2013
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