Is there an age that the children can petition the court to come and live with the other parent out-of-state?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there an age that the children can petition the court to come and live with the other parent out-of-state?

They are 10, 11, 14 years old. We have joint custody. They live with us during the summer and with their mother during the school year in FL. My divorce was finalized in VA and I live in MD. Which state would we need to go to court in?

Asked on August 25, 2011 Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

At this stage of the game it is not the children that would petition the court.  it would be you as their parent to petition for a modification of the custody agreement and to have physical custody of the children.  The general rule is that the petition mus be brought in the state in which the children are physically residing.  The court does not have jurisdiction over the proceeding otherwise.  I think that yo may be asking if the children can testify in court as to whom they wish to live with, correct?  They are all of a decent age to give their preferences to the court.  obviously the older that they are the court may place more weight in their testimony.  They can not want t live with you because Mom is too strict.  That would not fly.  I would suggest seeking legal help here. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption