My husband has 2 daughters from his previous marriage. His ex-wife has just remarried and moved an hour away from us. This is the 3rd time she has been married. My step-daughters now have 4 new step-brothers ranging in age from 14 to 6 years old.
My 13 year old step-daughter has expressed a desire to move in with us. Her mother told her she could choose, but to wait until after she had returned from staying with us for 4 weeks in the summer time. After telling her mother she still wanted to come and live with us she was told she was NOT able to choose. My step-daughter now feels betrayed, has lost faith and trust in her mother, and holds a great deal of resentment toward her.
Would a judge consider her feelings at age 13? Or should we wait until she is 14 or older before taking this to court?
1 Answer from Attorneys
Depending on the circumstances, the court can consider the wishes of a child at any age. The law only requires the judge to consider the wishes of a child 16 years of age or older. However, if you have a 13 year old who is adamant about making such a move, i would recommend that you move on it by filing a petition to modify. I offer a free initial consultation in the event you would like to discuss this in further detail. My phone number is (801) 274-3100. Please call to schedule an appointment to come in and meet with me. Thank you, Cory R. Wall