Can my daughter decide where to live at age 16?

Full question:

My daughter will be 16 years of age January 2011. My divorce decree states that myself and my ex have joint legal custody of our daughter, and that I am the primary custodial parent in accordance with the parenting plan signed by both of us. At this time, my ex sees my daughter about every other weekend, since we live about 150 miles away from each other, and we do not adhere to the weekly access schedule due to the distance (this means that he lives in the county where the divorce decree was written, and I live in another county now). I receive child support from my ex. My divorce agreement requires that prior to her leaving the state that I contact my ex-husband for consultation. If I permanently leave the state without ex___s permission, and ex disagrees with me leaving the state without continued visitation rights of my daughter, a possible violation of said divorce agreement will occur and possible readdressing divorce agreement in court? Because of my daughter___s age does this agreement still hold validity or does she have the legal right, due to her age, to make her own decisions where and with whom she lives? Due to her age, can she decide her own time schedule in visiting her biological father? Can my wife, who has completed her EdD and is pursuing improved professional job opportunities proceed with out of state employment and thus taking our daughter with us without possible x husband___s disagreement or possible legal action? The parenting divorce plan also states that if major changes arise which makes this plan no longer feasible, the parents agree to renegotiate their plan with a conciliation services mediator (or family court adviser) prior to any changes taking place or any court actions being initiated. And, also states that neither parent shall deviate from the plan while this is being resolved.

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Arizona

Answer:

A child cannot modify a divorce order; only the court can do that. Unless the divorce order includes provisions for her preferences at age sixteen, her age does not change the validity of the agreement. The order must be followed unless it is modified by the court. The court retains jurisdiction to modify its orders, and a modification can be granted if both parties agree or if there is a significant change in circumstances. Some aspects of the decree are modifiable, like child custody, while others, like property division, are final. The court's decision to modify custody is based on the best interests of the child. To make a modification, a motion or petition must be filed with the court. If granted, the court will issue an enforceable order. Regarding your wife's employment and relocating out of state, you must consult with your ex-husband as per the divorce agreement. If you leave the state without his permission, it may lead to a violation of the agreement and potential legal action. The parenting plan also requires that any major changes be negotiated with a mediator before being implemented.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When you turn 18, you are legally considered an adult. This means you can make your own decisions regarding where to live and whether to visit your parents. Any child support obligations typically end at this age. However, if there are ongoing custody or visitation arrangements, they may need to be formally modified through the court.