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At what age can our child decide which parent to live with under AL child custody law

Florence, AL |

I have a 16 year old daughter that is living with her granddaddy and she want to come home can she make that request if not how old does she have to be to say where she wants to live in Alabama

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Attorney answers 1


You really need to consult with a family law attorney in your area. If the child is living with the grandparent under a court order, your would have to ask the court to modify that court order. Typically, you would have to prove that there has been a change in circumstances and that it is more beneficial to change the child's placement. Also, if the child has been placed with a grandparent by court order, there may have been concerns about your parenting that you will need to address with the court.

Children do not have the right to decide where they will live. The court ultimately decides that. No one, not adults or children, are able to dictate to the court what to do.

If there is no court order and your daughter has been living with a grandparent just by informal agreement, then there's nothing stopping her from returning to you. Be aware that if she's been living there for a long time, the grandparents may go to court to keep her there.

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