When going through a divorce, your children are most likely going to be affected by all of the changes happening. If they are unhappy with their residency arrangement, you may be wondering what you can do to change it.

When Your Child Wants to Change Residency

When a mom or dad comes into my Rochester office and says, “My 12-year-old son or daughter is living with the other party and they’ve told me time and time again they want change their residency and come and live with me,” they want to know whether that can that happen. The first thing I encourage them to do is take a hard, clear look at their situation and ask themselves this question, “Does the child really want to come and live with me or has something happened which made the child say that all of a sudden.” If something has been troubling the child for a long time and he or she really does want to come and live with you, you’re not likely to get agreement from the parent with whom the child is living.

Challenges in Allowing Your Child to Choose their Residency

In that case, you have to make an application to the court, setting forth the reasons the change is necessary, such as the child is not doing well in school or the other parent has remarried and the other children in the household are giving your child a hard time. Every case is different because facts and circumstances vary from case to case. The child’s point of view will be considered, but ultimately the judge will decide what’s best for the child. If it’s a 12-year-old child who wants to make that move from one parent to the other, the court will decide whether it is in the child’s best interest to make that move.

If your child wishes to change their residency, please call our experienced Rochester family law attorneys.