Adjustments to Visitation Based on Child’s Wishes
My husband has an 11 year old daughter from his first marriage. She recently asked why she could not live with us half the time and her mom half the time. Her mother is very against this as it would mean a reduction in the child support that she receives. (This has been the biggest reason that she is able to give us) If we take her to court to change the parenting time, Do we have a chance of being awarded additional time with his daughter? Especially since it is the child that is asking for this?
It depends on a lot of factors such as the amount of time your husband now has with his daughter, the reasons why his daughter wants to live with you 1/2 the time. Are there abuse or neglect issues going on at the mother’s house? Is she having social adjustment issues, problems with school or mental health issues? These are all questions which must be answered to determine your chances of success. If you don’t have enough to warrant a 50/50 time split with his daughter, you may be able to increase the amount of time you now have regardless.
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