[Legallycurious]

A 14 y/o teen is unhappy with her current living arrangements (with the father) and would prefer to live with the mother. The mother became the secondary custodian because the child was stating at the time that this was what she wanted and was angry at her mother for leaving the marriage. Over time she has discovered that her mother left because of the emotionally abusive nature of the father and now she also wants out as there is no one to act as a buffer from the father. She now wants to live with her mother. The father is not likely to agree to relinquish physical custody of the child as he uses the child to maintain contact with the mother and involve himself in her life. As far as I know they both still maintain joint legal custody of the teen. Does this child have any legal recourse to move in with her mother? The state they live in is North Carolina.

[aaron]

If the mother brings a motion for a change of custody, a North Carolina court will consider a child's preference, but the preference is not decisive.