Speaking from experience with this EXACT situation...TOUGH is the only way to explain it...there are SOOOO many factors that play a MAJOR role in this process. In my situation, the child was 13 at the time he told us he wanted to live with us due to substance abuse, mental anguish, etc... after a court appointed child custody evaluator recommended that the child be with us...the judge decided that the child should stay with mom. He was almost 15 at the time of the ruling. He is now 16...been suspended from school twice, has failing grades and runs ragged doing whatever he wants whenever he wants with very little guidance. Some fantastic decision that judge made huh....his mom promised him if he would tell the judge that he wanted to live with her she would lighten up on the rules....the things a parent who isn't doing a good job to begin with will do just to WIN...she never had his interests at heart or he would not be in the situation he is currently in...nearly failing out of school and being suspended.
BE SURE that the child is SURE he/she wants the change before you waste your sanity and thousands of dollars going to court and dealing with the stress of it all. The only other option is to ask the custodial parent to relinquish custody...but if that parent is like my childs mom....may not wanna give up the child support.
Good Luck it is a very tough thing to go through.How does a noncustodial parent get custody of the 16 year old child?
You would need to petition the Court for a change in the custody arrangement. At 16 the child would probably have a say in the matter. You really need to consult an attorney. If you cannot afford one call the Family Court that has jurisdiction and ask for the names of agencies that might be able to help.
Have you thought about taking the other parent back to court?
By going to court...