I agreed with my soon to be ex wife to take both of our minor children. My youngest moved with her about 3 weeks and his sister was supposed to go as well but refuses. There is no change in school or anything.
Criminal Defense Attorney
The short answer to your question is that "No", a child of 17 cannot dictate where he or she is going to reside: only the parents and the Court can make those decisions unless the child petitions for and is granted emancipation, which is a difficult thing to accomplish. You and your ex should place your agreement in writing and file it as a joint stipulation and motion for modification in the Court handling your divorce, or to include the provisions on the children's residence as a part of your agreed upon parenting plan or any marital settlement agreement.
I have been practicing family law in Hernando County for more than 30 years and would be happy to review your situation with you. Please call my office in Brooksville at 352-799-0841 to schedule a time to come speak with me.
Jimy Brown, Esq.