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Need advice -custody issue

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gettinout posted 8/2/2014 08:52 AM

The question is not about me but my SO. He has a 15 yr old daughter who has lived with him since she was two.
Her mother has been in her life but very questionable. Last year his DD wanted to go live with her Mom.
Her mom took him to court and he was advised by lawyer to let her try living with her mom as she would resent him for not letting her try.
He agreed and he got her every weekend.
The Mom said if she does not like it she can go back to Dad
Long story short,she wants to come back,hates it there,the grass was not greener.

The mother is now fighting it and they now have to go to court ordered counseling.
She is undermining the relationship and painting SO as a bad father.
How much emphasis is based on the childs wishes?

They are both so scared that he will lose and she will end up with the Mom.
It is really sad and even though my ex was a complete asshole,we never fought abour the kids
..
Thanks for any imput

His daughter is devastated that the court may side with the mom who is now married and seems to have gotten her life together
He is getting a lawyer btw

musiclovingmom posted 8/2/2014 10:18 AM

In my state, at 15, the child's wishes would be granted unless the home they wanted was unfit (physical abuse, drug/alcohol abuse, history of the child being in trouble with the law while at that parent's house, etc). Also, there should be a court appointed child advocate who can interview the child away from both parents and possible do home visits and then make a custody recommendation to the judge.

jo2love posted 8/3/2014 22:04 PM

Moved to D/S. Bump

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