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Is there a form to file with the courts when a 14 year old does not want to live with his mother anymore?

Arcadia, WI |

He wants to stay with his father after years of being "hidden" from his dad. Mom has moved him quite often and he missed a year of school and has been in approximately 6 different schools. He wants a stable life which his father can give him. The parents were never married.

Attorney Answers 2


It is quite frustrating for a family law attorney to hear people who have been misled into believing that a child automatically selects the parent with whom they choose to live at the age of 14. This happens iin a guardianship proceeding when both parents are dead when a 14 year old can nominate his or her own guardian. The court will take a teenager's wishes into consideration, but this is only one of many factors. You should discuss these issues with an experienced family law attorney because the school issue would be a factor in a potential modification of placement.

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The unsaid portion here is that the Father has to file to modify, and unless he is willing to go the distance the child's opinion will never be heard.

That is because the parents do all the talking until this becomes a trial matter. By that time a LOT of money has been spent. A GAL is assigned and then maybe (and I do mean maybe) the child will have some input. That does not mean the child will be heard, but if the GAL is convinced the child is asking for the right things for the right reasons, then maybe the GAL will be on their side and speak for them. THe GAL's normal task is to decide the Best Interest of the Child, not what does the child want. Two very different things.

Talk to both your parents maybe you can get them to agree in mediation that you should live with Dad.

WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.

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