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What if your child wants to live with her father?

Updated: 8/17/2019
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12y ago

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As an alternative, why not ask for Joint Physical Custody of your parents?

Tell them that you want to remain in a home, and each of them there for three weeks, than switch. Once night a week, the parent not in residence takes you out to dinner or some other activity. While in the home, the resident parent does not date, or have overnight guests, other than relatives.

On the off weeks, the parent rents a room, stays with relatives, their friends, or they can split the cost of a two bedroom apartment, with each having their own bedroom.

The priority here is you not having your life disrupted by their choice not to be together. Their lives are equally disrupted and they split the cost of your home.

The support amounts each parent are obligated to provide for your care can go into a TRUST FUND. From the trust fund, expenses for the home and your standard expenses, are paid.

All this follows in accordance with Federal Laws dating back 100 years as regards Trust Funds that have been established for guardians to draw from when parents have been killed in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.

Any money left in the account would collect interest and be available for emergencies, or special expenses, such as part of the cost of a car, or a college education.

This is called Bird Nest Custody.

Clarification

In the United States "Bird Nest Custody" was the result of a ruling in Virginia more than 20 years ago. It is still not commonly known, not commonly used and is not part of any federal or state custody laws. It was the ruling in Lamont v Lamont. It's has been used by a couple of celebrities but few people would have the resources to carry out such a plan. There is a reason it never "caught on": It's expensive and impractical in most cases. Most divorced families in this age are struggling just to make ends meet. They hardly have the resources to indulge in the bird nest concept. In fact, this absurd concept would make it impossible for the parties to move on.

To answer your question, if you are agreeable you can consent to your child living with her father. You should have the change in custody filed through the court of jurisdiction. You may be required to pay child support. If you do not agree and think the best placement would be with you then you should object and carefully explain your reasons to your child. If on the other hand the father is insisting on a change in custody and you don't agree then it will be up to him to prove to the court the change in physical custody would be in the best interest of the child because of unfitness on your part.

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