I have been divorced for 6 years. My ex-husband and I have shared physical custody of our two children, girls, ages 15 and 11. This has worked fairly well over the past years, but the 15 year-old has decided she wants to live with me only and visit her father on the weekends. What about the 11 year-old, if she wants to keep things the way they are? Is my 15-year-old old enough to tell the court this is what she wants, without much a battle from my ex, (Who will fight) and currently there is no child support from either of us, so will he have to pay child support for her then?
1 Answer from Attorneys
Re: Child Custody
These decisions would be made by the Judge, based upon your specific circumstances. Usually a 15 year old is mature enough to decide this for herself, as long as her reasons are satisfactory to the Judge. The 11 year old probably isn't old enough to make that decision. The basis for the Judge's ruling will be what is in the best interests of the children. Most likely he would have to pay child support if the residence is changed. Again it depends upon your specific facts. Please feel free to contact me by phone or e-mail for further information.