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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> child testimony
Feb 19
2009

Ask A Lawyer: Wife Says She Will Rebate Support

Posted by Rick Ortiz in Erik Carter , Cordell Cordell, PC , child testimony , child support modification , Ask A Lawyer

Question:

My 16 yr old wants to come live with me and my wife. My Ex wants me to keep paying her and she will send money back to us. I told her that is not a option.

She will still have custody of my 9 year old son. She moved out of state about a year ago and with the economy going down I cant afford to drive to Oklahoma every other weekend. I think my best bet is to get legal custody of the oldest, and go from there. But I hate having to retain a lawyer and waste money that could be spent on the kids.

 

 

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Mar 20
2006

Custody and Your Child's Testimony

Posted by Dads Divorce in Jill Rauk Daughtery , emotional , court , Cordell Cordell, PC , child testimony

By: Jill Rauk Daugherty, Esq.

My clients often ask me when their children will be old enough to decide where they will live. Unless your child has reached the age of majority, the simple answer is never. Although there are minimum age requirements for a child to testify in most states and although most states will take into consideration a child’s preference as to residency, a court will never completely defer to a child, no matter the child’s age.
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Nov 29
1999

Ask a Lawyer: At what age can a child say what parent he wants to live with?

Posted by Dads Divorce in Visitation , Rules , Procedures , motion , modifcation , IN , desires , custody , child testimony , Ask A Lawyer , age

Question:

My grandson will be 11 years old in Feb 06. For the past 3 years, he has said that he would like to live with his father who pays support to mom. What are the steps we need to take for this to happen??? In the state of Indiana, I was told that a child can go before the courts and request that he would like to change residency. Is this true? My son also has a joint custody spelled out in the divorce deed, he has custody 4 days out of the week. Any advice as to we begin the process would truly be appreciated.

Answer:

I cannot answer your question specifically to the laws of Indiana as I am not licensed in that State. In my jurisdiction a child can testify concerning his/her wishes when they can understand the oath to tell the truth. Outside of abuse issues, it is frowned upon to bring a very young child into the court. Generally around the age of 12 years old, a court will listen to the child's wishes. However, the child's voice is often like a whisper. As the child matures his voice becomes louder. Many cases have started and failed based upon a child telling one parent that they want to live with them and then when it is time to go to court the child changes his mind or there was a misunderstanding. I have witnessed a child state that he wanted to live with dad, but really just wanted additional visitation time. I am slightly confused by the facts presented. If father already has four overnights each week, he has the majority of the custody time and outside a huge difference in income would receive, not pay child support. To begin the process you would file a Motion to Modify Child Support and Child Custody.
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