Custody & Kidnapping

Since I am not an expert in STATE’s laws, I cannot tell you if there is a specific age for your state when the judge will allow a child to have input as to where s/he wants to live. Often times, once the child becomes older and more mature, the judge may take into consideration what the child’s preference is but that may only be one of the factors that the judge might consider when deciding custody. Here is a link to the factors that a judge in STATE will consider when making a custody order: LINK

[CHANGE THIS ACCORDINGLY IF YOU KNOW THAT SHE IS IN BEGINNING OF CASE OR TRYING TO MODIFY: Also, I cannot tell from your email whether or not there is currently a custody order in place that the parent is hoping to change or if s/he is in the beginning phase of a custody case or if there has not been a case filed yet.] In the case where there is a custody order where the child is living with one parent and now s/he wants to live with the non-custodial parent, the non-custodial parent may decide to try to file to change the custody order. Generally, although I cannot speak to your specific state, a parent can file to modify a custody order based on a substantial change in circumstances happening after the order was issued. Because custody can be a complicated legal issue, [FILL IN - YOUR FRIEND/DAUGHER, ETC] may want to consult with an attorney who is familiar with {STATE}’s custody laws to talk about her particular situation. Such an attorney may be able to advise him/her as to whether or not the child’s preference may be considered a substantial change of circumstance to be able to modify an order (if there currently is an order in effect that s/he is trying to change). If s/he cannot afford an attorney, s/he may be eligible for free or low-cost legal assistance if s/he qualifies. Here is a link for attorneys:LINK

In order to get a child’s voice heard in court, sometimes the judge may appoint a lawyer for the child (sometimes called a “law guardian” or “guardian ad litem”) to represent the child. However, there can be pros and cons of getting a law guardian or guardian ad litem. [FILL IN - YOUR FRIEND/SISTER, ETC] may want to ask a lawyer whether or not this may be a good idea in his/her case and if so, how s/he may go about requesting one from the judge.

Lastly, here is a link with general information about STATE’s custody laws in case that is useful: LINK