Legal Question in Family Law in Missouri

Child Custody Age-WI

I live in MO and have legal custody of my son through a divorce that took place in Wisconsin. My son is 14 is thinks that he can make the decision to live with his father in Wisconsin. What is the legal age limit? What is the process to prohibit this move?


Asked on 2/17/98, 12:12 am

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Whether 14-year-old can petition to change custodial parent

He may be able to petition the court to live with his father. But I cannot answer you with certainty since I know neither the law in MO or the law in WI. Check with a local attorney for the law in your state. As I see it, your son could petition the court in Wisconsin, which likely has jurisdiction because custody was given to you when you lived there. That would mean that when he visits with Dad in Wi, they could start proceedings to change custody. Or maybe maybe -- I don't kno -- he could try it while still in MO, but he would then find himself either in court asking for an appointed attorney or go to a local attorney himself. I believe the latter is unlikely, although not impossible. The more likely scenario would be that he and Dad would go to court in WI wen your son visits.How does Dad feel about the son's desire? WOuld having son around "cramp his style"? How long have you had custody? Do youhave other mate? Does Dad have other mate? Does Dad pay child support regularly? visit with/phone/write to son regularly? How serious is your son? Is he independent? Is he capable of taking action on his own? Or is he using the custody issue as a bargaining chip for something else he wants? Those are questions only you can answer. In sum, I think you should consult with a local atty so that you can BE PREPARED just in case the sky begins to fall. Even if your son and Dad take no action, at least you will have peace of mind. Good luck!

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Answered on 2/19/98, 6:40 pm


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