Legal Question in Family Law in Kansas

child wants to move in with father

Child is currently residing with mother but now desires to permanently move in with father. He is 12yrs old. Is he legally allowed to make this decision and can she stop him from doing so.


Asked on 11/29/06, 4:02 pm

1 Answer from Attorneys
Grant Griffiths Grant Griffiths

Re: child wants to move in with father

While the judge may listen to the wishes of the child. The court is not required to do what the child wants. In fact, most courts will not base their decision on such a move on the child, but what is in the best interest of the child. So, yes, the mother could fight this and most likely win. The child's wishes can not be the only reason for the requested change in custody. There should be other material changes in circumstances to justify the move.

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Answered on 11/29/06, 4:41 pm


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