Modifying Child Custody Based On Teenager's Preference

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.

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.

Comments (1)

Teen boy wanting to live with dad
written by bluejay 1174, November 15, 2012

My ex-wife and I divorced when my son was 2. Since that time he has been in the custody of my ex-wife and he has resided in Nebraska (the divorce took place in Missouri and I still live in Missouri). Recently, my son has indicated that he wants to live with me but my ex-wife is refusing to have that take place. At the time of the divorce, I was teaching/coaching and lived in a town where I had no family. At that time, it was in my sons best interest to go with his mom (she has much family in Nebraska). Since then, I have continued my education and am now a school superintendent. The flexibility in my job allows me to be around more often. My son is a good kid and my ex-wife has done a fine job raising him. I can't just tell my son he can't live with me. I would take any legal advice I can get?????

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