My daughter is 16 and she wants to live with me now. We have a court order set but my daughter no longer wants to stay with her mother. I want to know her rights
You are the one with the right to file for a modification requesting that you be awarded the exclusive right to determine your daughter's residence and since she is 16, you can ask that the judge confer with her as to her preference. The court does not have to go along with your daughter's wishes, but judges tend to listen to children of this age. The overall guiding principal is what is in the child's best interest. You should consult with a family law attorney in your area, who is familiar with the court system and judges, and give him or her all of the facts to advise you as to your chances of succeeding. Good luck.
Ms. Simpson is correct. You need to file to modify the current order and ask that you have the exclusive right to designate the primary residence of your daughter. You can ask that the Judge confer with your daughter so she can express her wishes as to where she lives. You ultimately must show that the modification is in your daughter's best interest for the Judge to grant it. If your daughter's mother will agree to the change you still need to have the previous order modified to be enforceable.
This is not specific legal advice and does not establish an attorney/client relationship.
You can ask that she be interviewed about her preference of where she wants to live in a Judicial Interview in the Judge's chambers as part of your Petition to Modify Custody. The Judge will consider the child's preference in determining the child's best interests.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
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