ANSWERS: 4
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From what I understand, states differ in the age of which a child can choose when and where they want to live. However, if there is a social worker informed, and a police statement made it is considered by the courts. If your daughter blatently refuses to leave in the presence of an officer-a file is made. I have seen one child throw a fit and ABSOLUTELY REFUSE to go back to her father's home. The officer stated that there was no need to put the child through this type of torture; and didn't make her EVER go back. This was a somewhat unusual case-and do not suggest your daughter do this extreme measure. But the suggestions I have made to you can set you both in the right direction as to doing this properly. Good luck.
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You'll have to file for custody yourself before you can LEGALLY keep the child. Otherwise, you're in contempt of court for breaking the custody order (and possibly kidnapping depending on where you live and what the law says) which definitely won't look good when you DO file for custody.
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I assume you've been using the "You don't love me if you want to go back to your father" gambit on him? You have to obey the orders ore it's kidnapping, which could cost you the other child. Only Texas has a law allowing a child to choose. Elsewhere, a judge could listen to the opinion of the child, but the judge is under no legal obligation to follow it. If it appears you've been trying to alienate the child from the father, the whole case could backfire on you.
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This is a hell of a place to be asking THAT question .. Instead of wasting time here ; IF you really want your daughter ; then you need to get to a Family Attorney , the very FIRST thing Monday morning ...
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