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  1. #1

    Default Child Requesting Change of Custody

    My question involves a child custody case from the State of: North Carolina

    My 10 year old step-daughter wants desperately to come and live with us. My husband said that it used to be that a child could voice their desire at the age of 12. We would like to find out any information on the procedures to follow. Any advice would be greatly appreciated. Thank you.

  2. #2

    Default Re: Child Requesting Change of Custody

    Some judges MAY take into consideration of a child's wishes. Most take those wishes with a grain of salt - understanding that overwhelmingly, the reasons WHY children have such preferences may not be in their own best interests in the LONG term. (They want to be with the parent who gives more freedom, less rules, to be close to a love interest, etc. etc.)

    But courts don't just change custody because the child desires it....the court already has a standing order, and some arguement will have to be brought to convince the court that something since that order was issued has CHANGED. In other words, the court at some point already determined that the existing placement was in the child's best interest ... at least at that time - now the NCP will have to bring new information to the court to shed different light on the issue.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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