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14 yr old daughter

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blackjeep69

Guest
my daughters are 14 and 10 they live in colorado step dad is air force i live in florida and our divorce and child custody agreement was done in mississippi my daughters would like to spend a year or maybe longer with me now my question. are my girls old enough now to choose which parent they would like to live with?
 


BelizeBreeze

Senior Member
No. Not until they are 18 and adults.

They may, however, be allowed to voice their opinions in court during a change of custody hearing, but their opinion will be only ONE factor that a judge will consider. Including the best interest of the children, which usually is not uprooting them from their home.
 
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Happilydivorced

Guest
I can't believe they allow this Belizebreeze person give advice to anyone over the age of 2.

You should really check with the courts to find out what their conditions are. In Michigan, a child can have some input as to where they live at the age of 12. Yes, it is not written in stone that what they say/want goes but they do have some say. If you petition the court for a change of custody, worse case, they say no but maybe you will get additional parenting time than what is in your current paperwork. You will have to ask for a change of venue so you can petition your court locally instead of filing through Mississippi. That could take some time.
 

VeronicaGia

Senior Member
Happilydivorced said:
I can't believe they allow this Belizebreeze person give advice to anyone over the age of 2.

You should really check with the courts to find out what their conditions are. In Michigan, a child can have some input as to where they live at the age of 12. Yes, it is not written in stone that what they say/want goes but they do have some say. If you petition the court for a change of custody, worse case, they say no but maybe you will get additional parenting time than what is in your current paperwork. You will have to ask for a change of venue so you can petition your court locally instead of filing through Mississippi. That could take some time.

First, please explain what MI has to do with anything. Then realize that one child is 14, the other is 10. While a judge may listen to the 14 year old, the 10 year old is simply not old enough. Also, a child may have input, but a judge will decide, and just because they "want to" doesn't mean a judge will let them. What if they "want to" live alone?
 

BelizeBreeze

Senior Member
You will have to ask for a change of venue so you can petition your court locally instead of filing through Mississippi.

Really? And what pray tell, would be the statute or federal law that would allow such a 'change of venue'? And by the way, it's not change of venue. It's correctly titled 'domestication'.

Now, since I am not qualified to respond to anyone over the age of two, maybe you'd like to advise this poster on just what theory of law would allow her to petition the court in Florida to even hear such a motion?

I'll be waiting.
 
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Happilydivorced

Guest
If you read what I wrote and didn't skip over the words, it said that she should contact the court system where she is to find out what their conditions are. MI has to do with an example of what the rules are for that state.

Best advice is to contact your attorney and allow the people have knowledge in what needs to be done and let them take care of it.
 

BelizeBreeze

Senior Member
And such an idiotic reply needs to be corrected.

Fact One: The original custody order was issued in Mississippi which retains continuing jurisdiction;

Fact Two: Neither parent or the child continue to reside in Mississippi.

Fact Three: The child and the custodial parent reside in Colorado.

Fact Four: The non-custodial parent resides in Florida.

Under the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (1997) The home state retains continuing jurisdiction (that would be Mississippi) until such time as neither parent continues to reside in the home state.

SECTION 102. DEFINITIONS. In this [Act]:

7) "Home State" means the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding.

In the case of a child less than six months of age, the term means the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

ANSWER: That would mean Mississippi

The full faith and credit section can be found here:
http://www4.law.cornell.edu/uscode/28/1738A.html

And I suggest our poster read Zinke & Wavra Which can be found here:
http://fl.bna.com/fl/19981013/97ca2152.htm

In other words, what basis of law would allow a Florida court to take over jurisdiction against federal law and Mississippi statute? None.

The ONLY state outside of Mississippi which could substantiate a cause for jurisdiction is Colorado.

So, want to prove your ignorance again and again then I'll be more than happy to oblige helping you.
 

PennyLane

Junior Member
FYI - One of the many guidelines that the Friend of the Court here in Michigan for determining custody is "the reasonable preference of the child, if the Court considers the child to be of sufficient age to express preference". Keep in mind that is only one of the factors the court takes into consideration. No where is it written that after the age of 12 the child gets to choose. It is 18 here, too.
 

BelizeBreeze

Senior Member
And of course Penny, Michigan has everything to do with this poster's issue right?

People, if you don't know what you're talking about keep silent. You do nothing but confuse the issue of the ORIGINAL poster.

GEEEEZ!
 

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