once my daughter is 12 do I have to legally file for full custody or can she just live with me
Dove - posted on 02/10/2015
You have to have a legal custody order until your child is 18 and is then a legal adult. What custody arrangement do you currently have? A judge isn't just going to automatically give you custody when your daughter turns 12... even if that is what she wants (unless your ex does not argue w/ this and is willing to completely agree). A judge may take the child's wishes into consideration, but until your child is 18 (SOME states allow for younger, many do not) it is ultimately up to the judge if the parents have a conflict.
Jodi - posted on 02/10/2015
You still have to file. And it isn't a given that you will get full custody. Yes, they do take her wishes into account, but that doesn't mean they will award full custody. It still all depends on the reasons you don't currently have full custody in the first place, and what is actually in your child's best interests.
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