First off the whole 12 year old thing depending on what state your in...doesn't matter. It is only a declaration for the GAL to read and decide where the child will live if it went to court. So the answer to your question is NO. The child should be returned to your custody and the easiest way to do that is file a contempt of court of the parenting plan. Unless there is immediate danger to the child living in your home, then they should be returned to you. They should file a modification at which time a GAL (Gaurdian Ad Litem) will help the courts decide who the child lives with...but like I tell a lot of people just because they want to doesn't mean they will change it. Teens change their minds like they change their underwear.


