What to do if my ex-wife has custody of my daughter but she wants to stay?

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What to do if my ex-wife has custody of my daughter but she wants to stay?

My ex-wife has custody of my 15 year old daughter. They reside in another state. My daughter is here visiting me and wishes to stay. What must we do?

Asked on July 25, 2012 under Family Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to try and resolve the custodial issues between you and your former spouse where your daughter now wishes to stay with you is for you and your former spouse to discuss the situation to decide what is in your daughter's best interests as to where she will reside.

If your former wife is willing tha the daughter reside with you, then you should contact a family law attorney to draft an agreement for the transfer of custody in a written stipulation to be signed by you and the former spouse and filed in the court with a proposed order where the last custody order is in effect.

If you and the former spouse cannot agree to a change in custody and you want to change the current situation, then you will need to file a petition in the court where the last custody order is in effect for a change. The courts listen to children more as they get older as to where they wish to reside between the homes of divorced parents.


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