I live with my mom, her boyfriend and my 15 year old cousin. As parents, we have that advantage. Can Alimony Be Modified If Based On Previous Income? Thank you for this question. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. who want to live with their non-custodial parent or with another family member Note: In this document, the parent or guardian with whom you currently live with most of the time is referred to as the “custodial parent” and the parent with whom you wish to move in with is referred to as the “non-custodial parent”. If they do not, then the custodial parent can be held in contempt of court. *ONLY* the parent where the child lived more than half the year can claim a … First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. The parents or legal guardians must prove the minor child will have the care and support they need during their stay in Canada. Can I get in trouble for accepting my son at my house. Lisa Karges, Florida Resident Partner - Tampa, FL. It's important never to pressure or try to convince your child to live with you. Threatening your teen with punishment or restricting his freedom will likely hurt more than it will help. CORDELL & CORDELL, ST. LOUIS, MO. If 18 is the age of emaciation in your state as it sounds like it is then "custody" is moot and the tax provision that allows a "non-custodial parent to claim the exemption no longer exists. There are specific situations in which under no circumstance should a 15-year-old be allowed to live with the non-custodial parent. 05-02-2011, 10:40 AM #2. cbg. Now I think she is realizing that my dad is not the greatest guy. 'After a few hours of staying at mine, my son says he wants to go home and doesn’t want to stay overnight.' Can she come live me and my mother even though she is not the custodial parent? However, silence on the issue may greatly prejudice the non-custodial parent, resulting in pressure being placed on the child to sue his former custodian. I am however, a divorced mom, a high school teacher of at risk youth, and a family mediator. Custodial parents face a difficult issue when a minor child refuses to visit with the other parent. Just because his kids are with him for the weekend doesn’t mean the non-custodial parent will give them his undivided attention. By my dad won’t let me because he says she’s too nice to me and threatens to lock me up if I do anything he doesn’t like. There are two major categories this type of situation falls under the first is that the child under no circumstance should be allowed to live with the non-custodial parent the other situation is the non-custodial parent is capable of taking care of the 15-year-old. people under extreme stress tend to fall into depression and/or anxiety. You cannot physically force a fifteen-year-old boy to visit a parent if he doesn’t want to. The non-custodial parent is not allowed to sign paperwork or documents for the teen. So ask yourself do you feel confident with your child’s safety and prosperity in the care of their non-custodial parent? To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Caroline Thompson, contact Cordell & Cordell. It is your decision. However, the Court found that the desire of the child not to visit with the other parent remains subject to review by the Court and determination of what is in the child’s best interest must be made in any other modification or alteration of visitation rights. Whatever the reason, it can put you in a bad position. a judge believes that you are better suited to take care of this child than the non-custodial parent. Avoiding Contempt When a Child Refuses to Visit with a Parent . His mom always tells him no. In cases where the parents live far apart, equal time sharing may not be practical and a judge may award one parent far more time with the child – called “sole custody” or “majority time sharing.” A parent can lose time sharing rights if there’s evidence of domestic violence, child abuse or neglect. Any separation or divorce involving children will result in a custody order and visitation schedule. Apparently the 15 yr old is in the foster care system, so what you do is go to his caseworker and apply to foster him. Hi John, a friend of mine is going through a similar situation he has changed his life from his old addict was and now how his 17 year old son wants to come live with him. Or sometimes one parent is less strict than the other and they’d rather be in an environment with less control. i am also wondering what ramifications there may be if i allow him to stay here, violating our … However, teenagers may request to move in with the noncustodial parent for a variety of reasons. Question Details: A friend's daughter lives with mom but wants to live with dad. After working all week, he has responsibilities to take care of at home too. There is no comprehensive list because every family is different but these are a few of the most common reasons. THIS IS AN ATTORNEY ADVERTISEMENT. Asking the custodial parent to pay child support to the other parent if the child years later decides to move, may make agreement impossible. In “Ex Parte Rosser,” the custodial parent had the obligation to: 15 year old children are still children and subject to the authority of their parents. Generally a child cannot decide which parent they want to live with. Your email address will not be published. If the non-custodial parent is struggling to take care of themselves they are not able to take care of a teen. And can older children decide on their own whether or not they want to visit the non-custodial parent? The choice of a lawyer is an important decision and should not be based solely upon advertisements. 1. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent. Hello I’m 16 and I need to live with my father. If a 15 year old decides to move in with the non-custodial parent, can the custodial parent stop them? Children express resistance to staying with their other parent in different ways. There are very few situations out there and in which it would be okay to let the teen move but they do exist. If a parent has the children ready to go and they refuse to go, the custodial parent could not be held in contempt. The older the child the more weight the judge is likely to give to their wishes as they are theoretically of an age to better understand the consequences of their decision. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party. What we have to do is make sure our children learn that they are safe in … I love it! Older children may become withdrawn, show disinterest or just be blunt and say, 'I don’t want to go'. For many states, the court must consider these factors in a best interest analysis: Which party is more likely to encourage and permit frequent and continuing contact between the child and another party; The present and past abuse committed by a party, whether there is continued risk of harm to the child and which party can better provide adequate physical safeguards and supervision of the child; -The parental duties performed by each party on behalf of the child; -The need for stability and continuity in the child’s life; -The well-reasoned preference of the child, based on the child’s maturity and judgment; -The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm; -Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs; -Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child; -The proximity of the residences of the parties; -Each party’s availability to care for the child or ability to make appropriate childcare arrangements; -The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. 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