Question:
My 14-year-old daughter has expressed interest in modifying custody to live with me full-time because of repeated arguments she gets in with my ex-wife over an abortion my daughter had.
My ex-wife keeps telling my child she will not allow her to come live with me.
Does this warrant a material or substantial enough change in circumstances to modify child custody?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
The party seeking to change custody and/or visitation must first show that there has been a material and substantial change in circumstances. A material and substantial change in circumstances can mean many different things.
The party must further show that the modification that he/she seeks is in the best interest of the minor children.
Choosing Mom or Dad:
Can A Child Choose Where To Live?Where I practice, it is presumed that a child 12 years old or older can make a determination as to which parent he/she would like to reside with.
Based on the information that you provided, you would meet the initial burden of showing there has been a material and substantial change in circumstances.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma Divorce Lawyer Kristy Kapp, contact Cordell & Cordell.
