is an attorney needed when minor child wants to live with non custodial parent

Parents who are transferring custody to another biological parent do not need to hire a lawyer to complete the process. If both parents agree to all the terms of the written agreement, the court will generally accept it.

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Can a child live with a non-custodial parent without court order?

Child custody is one of the decisions most fraught with angst during a divorce is child custody. Even though both adults may agree that one is more financially or emotionally capable of caring for the child full time, there is always the possibility …

What is the difference between a non custodial and custodial parent?

This also depends on whether there is a custody order. If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. If there is a custody order in place, that order would need to be modified. In some states, custody may be modified at any time.

Do I need a lawyer to transfer custody of my child?

Level of dependability of the parent with whom the child prefers to live. Child’s understanding and ability to cope with changes involved in altering a custody arrangement. Whether either parent disapproves of the child’s preference. Presence of any uncertainty, confusion, fear, or insincerity in the child’s expression of a custodial ...

Can a court decide who gets to live with a child?

Jul 15, 2021 · The clerk of the family court will likely direct a parent to the best source for custody-related information. Otherwise, a local family law attorney or child custody lawyer has access to this information. If you’re looking for advice on securing your rights as a non-custodial parent, get in touch with a lawyer now.

What can I do if my daughter wants to live with me?

If your child now wants to live with you, there are specific steps to make that happen. In order to change an existing custody or visitation order, you will need to return to court. You will need to file a petition seeking to modify the current order based on a substantial change in circumstances.May 22, 2020

Can a 16 year old decide which parent to live with in Florida?

If you are divorcing and have young children, either parents or the court determines custody. However, children who are a bit older may have a voice in determining this issue. Unlike many other states, there is no set age at which a child may choose which parent he/she wants to live with.

At what age can a child choose which parent to live with in Florida?

A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court. Ultimately, it is going to be the opinion of the court and what is in the best interest of the child.Oct 25, 2016

How old does a child have to be to decide who they want to live with?

16 years oldChildren can legally decide who to live with when they are 16 years old. This may be extended to 17 or 18 years old, if there's a Child Arrangements Order in place.Nov 12, 2021

Can a 16 year old decide which parent to live with?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

At what age can a child refuse to see a parent in Indiana?

14 years oldIn Indiana, a child's wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent. Nevertheless, the preference of a child younger than 14 won't be discounted entirely.

At what age can a child refuse to see a parent in Tennessee?

12 years oldIn Tennessee, the child must be at least 12 years old. That would be the legal age at which the child could express a preference of a parent to live with over the other. Children should never be pressured to take sides or choose the more loved (or permissive) parent instead of the other parent (or disciplinarian).

At what age can a child refuse to see a parent in California?

What age can a child decide not to visit a non-custodial parent in California? A child must be over the age of 16 to refuse to visit a noncustodial parent.Feb 23, 2021