If my 16 year old daughter wants to live with me, how do I go about legally getting custody of her?

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If my 16 year old daughter wants to live with me, how do I go about legally getting custody of her?

Also, Isn’t she old enough to decide for herself? Will the courts accept that? By way of background, my children were put into the custody of my mother about 8years ago. Long story-short, I went to a great drug rehab and am now back to my old self again. I have been clean for 3 years. I recently obtained unsupervised visitation with all 3 of my children.

Asked on November 7, 2012 under Family Law, Alabama

Answers:

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

Answered 8 years ago | Contributor

First, congratulations.  How wonderful for you and your children.  What you need to do is to file a petition for custody but the prior order may govern how.  You need to file for physical custody of the 16 year old and yes, she will be able to testify and the court will consider her testimony (not my grandparents are too strict but I want to cultivate a relationship with my parent, understand?).  If your Mother was granted guardianship of the children - which is more than custody - then  you may need to do more in court.  Seek legal help.  Good luck. 


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