At 15 and 12 years of age, most states will take the child's wishes into consideration, but simply "not liking mom's rules" is NOT going to get Dad sole custody. Establishing new custody will have to go back through the court and be ordered by the judge, and while not difficult, it may be time consuming and costly if attorneys are involved, as they surely will be.

You can certainly go before a judge and request sole custody. A judge isn't going to award a parent sole custody because the child doesn't like the rules in the other parent's home. That's ridiculous. However, in some states a child can express their preference to the judge for consideration... so if the children say they'd rather live with their father, the judge will consider that when he makes his decision.

A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? http://cabaraoke.newsvine.com/_news/2008/12/01/2165344-a-childs-choice-what-is-the-right-age-for-a-child-to-choose-which-parent-to-live-with Basing it on the rules is not appropriate. How about Bird Nest Custody of both? It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule. The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time. The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time. The separate residence could be a rented room, stay with friends or relatives, or the parents could share the cost of renting a two bedroom apart, with each having a secured room. At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week. Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement. As for prepping for a possible challenge, tell her to be careful how strongly she expressing this opinion to her mother. I've seen cases where the mother has the daughter committed claims she has developed a physical attraction to her father, disgusting as that may be. Worse, you would be ordered to pay for it. ♥♥♥♥♥♥♥ I’ve been a Father’s Rights Advocate for 20 years. Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it. Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge. Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House. If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital. Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand. Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state, Now, you can't just record, you also have to transcribe it into your daily journal. If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a 200 page educational manual that can teach you what you need to know. Take the time to learn what you can and should do. Bird Nest Custody http://groups.yahoo.com/group/GiveKidsAChoice/ Can We Tape http://www.rcfp.org/taping/ Dads House http://health.groups.yahoo.com/group/DadsHouse/ Fathers & Families http://www.fathersandfamilies.org/ THE FATHERLESS GENERATION http://www.youtube.com/watch?v=yZmMffsIl9M Fathers Rights: The Movie http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259 Parental Alienation Syndrome http://www.parentalalienation.org/

depends on what the rules are