How to Proceed When a Child in Sole Custody Wishes to Reside with the Father?

Good day, I have a 16-year-old daughter in my sole personal custody, but she now wishes to go and reside with her father. How should I proceed in this situation? Do we need to file a motion with the court? What can I do to resolve this matter in a legally correct manner?

In the event that your daughter, at the age of 16, expresses a wish to change her place of residence and live with the other parent, several legal and personal aspects must be taken into consideration.

Procedure:

  • Amicable Agreement: It is best if you and the child’s father can reach an agreement regarding the changes in custody. Such an agreement may be informal, but it is always preferable to have it confirmed by a court ruling in order to prevent future disputes. If you reach an agreement, jointly file a motion with the court for a modification of the custody arrangement.

  • Petition to the Court: If you are unable to reach an agreement, a parent may petition the court for a modification of custody. The court shall consider the best interests of the child and, with regard to her age and wishes, may rule on the modification. The filing of the motion may be executed by either parent.

  • The Child’s Position: In the case of children older than 14 years of age, the court customarily takes their opinion into account, provided it does not jeopardize their well-being. For this reason, your daughter has the right to express her opinion, and the court may respect her wishes unless other compelling reasons exist.

  • Documents: It is necessary to attach birth certificates, evidence of current custody, and any other relevant documents to the motion that will assist the court in deciding in the best interests of the child.

This situation can be sensitive and requires a careful approach. Our law firm can assist you in preparing all necessary documents and represent you in the judicial proceedings to ensure the entire matter is resolved in accordance with the law and the best interests of your daughter.