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Divorce Advice for Men | Fathers' Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers' rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers' rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers' rights divorce.
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Question:


Do child custody laws allow for a teenager to change custody agreements?

My ex-wife has had custody of our 16-year-old daughter for many years. Recently, my daughter has said she wants to come live with me partially because my ex-wife and her husband constantly say negative things about me.

To modify custody based on a 16-year-old's wishes, is it as simple as going to court and my daughter saying she would prefer to live with me, or do I have to prove that the environment in my house is better for her than having her mind poisoned against me in her mother's house?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide any legal advice on divorce on the divorce laws in other states.

The short answer to your question is yes. Given the age of your child (over the age of 12), changing child custody can be as simple as filing what is called a Motion to Modify Custody, Visitation and Child Support based on your daughter's desire to live with you and the fact that your ex and her husband routinely say negative things about you to the minor child in the attempt to poison the child's mind against you. 

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Can A Child Choose Where To Live?

Of course, while it can be that simple, there are other factors that the court must consider. The court is going to look at a plethora of factors to determine whether to grant the change of custody or not. 

It is what we call the totality of the circumstances test. After looking at all the factors, the court will weigh the evidence and make a decision. 

While I cannot predict what that decision will be, if your 16-year-old daughter is adamant that she wants to move and she can articulate valid reasons for why she wants to move, I believe there is a good chance the court will switch custody. 

Additionally, if your daughter is willing to testify that her mother routinely says negative things about you that will only make your chances better that the court will modify custody. 

As I am sure you know, a valid reason for your daughter wanting to come live with you is not and cannot be based on bribes, such as "Dad promised me a new car since I'm 16, but Mom said I have to work for one."

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and legal advice on divorce, I urge you to contact a family law attorney

To set up an appointment with a Cordell & Cordell mens divorce attorney, including Brock Ellis, an Associate Attorney in the Oklahoma City, Oklahoma, office, please contact Cordell & Cordell.


Comments (7)Add Comment
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Question
written by Katie groce , June 11, 2012
I am about to turn 16. Can these facts apply to ke even though
My dad is the one that has full custody and not my mom??
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Question
written by Thayliz Peña, April 08, 2014
I'm 17 and I do not want to live with my mom. I feel as though my friends family and household is stable for me. His parents also want me to move with them. Is is possible that a court would give them all or atleast joint custody? Seeing as though I will be 18 in one year.
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written by Kat bresee, June 09, 2014
im 16 and i live with my older cousin i want to move home with my mother. is wanting to move home because my cousin treats me like a slave literately and treats me like crap emotionally and does not let me visit my mother that often because she does not want her house to get dirty a good enough reason to move home that the court will let me go home?
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Custody of 17 yr old
written by Xyz, June 26, 2014
Can I gain custody of my 17 yr old sister if my parents are willing to sign her other because she wants to live with me? How do I go about it?
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change of custody of teenager ag 16
written by D M Ratliff, July 16, 2014
Wen we first divorced my ex and I had joint custody. In 2008 I got sole custody of my now 16 yr old son, he was 8 at the time. My oldest son a freshman in HS went with his dad long story shirt my oldest son dropped out of HS and is now married raising a baby while working at pizza parlor and can't he better job because he can't pass drug test. He must smoke weed every 30 mins' my ex step son has pur/accp alcohol minor charge and possession of drug paraphanilia all while living with my ex. M now son 16 wants to live with his dad. He has done great in school with GPA 3.68, football team and lits of friends. He wans to live with dad Cruz of more freedom and no supervision obviously. My ex has not spoken to me before or after he had my 16 yr old son get papers from mail and hand them to me 11 days after post marked. My son was emotionally toe up. My ex alienated me from my oldest son and is doing the same with my youngest son. I'm heart broken but really not for me but for my son. My ex and is wife are very vindictive game playing people . they even tried to get OP on me with my oldest son which judge said was nineesense and through out, my 6 yr old said I ell too much about turning down his TV and poicking up dirty clothes .even though I have sole custody (given to me because judge actually rote in documents "dads motive is to control petitioned and children.". Now my ex filed for custody of 16 yr old. My an and I have always been very close but I'm the parent and dad is the pal. My son said "everyone thinks I'm more fun at dads because I don't have to have "manners"" I have every report card , etc showing how ell he has dine. He has also been diagnosed with ADHD and I'm sure he is not making his meds at his dads.the concerns me because he is driving now his much weight will judge gie my sons wishes compared to the his story of ex housssehold, an been in same schools district sine 5th grade and he is stable. My ex is brainwashing him just like he did with my oldest son. I keep him informed on school football etc. Apparenty he his my son practicing football there and I have not agrees to anything. I don't feel changing schools during junior yr would be good for him since he has ADHD and is doing so well. Ex is playing same game as before that cost him custody. His petition is based on verbal/physical/emotional abuse. He just has a physical 3 weeks ago and no signs of abuse. In tried calling police t enforce custody and visitation order they said call attorney . I got first part of summer which I lost because ex did not send him home now he legally can not be charged with contempt Cruz its hiss part of summer now. I admit I ma be strict but when you just don't have no support from ex but negative support it is difficult at times., I let son see his father when ever he wants . I haven't seen my son since school was let out.
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written by D M Ratliff, July 16, 2014
I failed to mention I'm in IL
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PLEASE ANSWER IM CONFUSED
written by Kyle V., September 04, 2014
Im 17, going to be 18 next year. My parents are divorced. And recently in court my dad won an extra weekend. I wasnt called into the courtroom at all. I heard i was supposed to be. Can i go against what he won in court? Or, at least i think i shouldve gotten a say.

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