Kids living with Mom in MO want to live with Dad in CA

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alesui

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The kids are 15 and 13. We see them ever summer, and every summer they ask if they can stay with us during the school year. It was only this last Summer where they were able to articulate clearly why they wanted to stay with us. We tried to work it out with their mother, but she is not willing to budge. The kids want to live with us but every lawyer we've talked to say that we have no chance in winning custody because we live in California and they are in Missouri. Surely the kids preference carries 'some' weight. Do we have a chance and would an Affidavit of Preference be a good starting place?
 
I agree with the lawyers your spouse has spoken to.

Even with an affidavit of preference, there still needs to be a change of circumstance - and that aside, the distance pretty much kills any chance of custody being changed.

Unless Mom agrees, anyway.
 
The kids are 15 and 13. We see them ever summer, and every summer they ask if they can stay with us during the school year. It was only this last Summer where they were able to articulate clearly why they wanted to stay with us. We tried to work it out with their mother, but she is not willing to budge. The kids want to live with us but every lawyer we've talked to say that we have no chance in winning custody because we live in California and they are in Missouri. Surely the kids preference carries 'some' weight. Do we have a chance and would an Affidavit of Preference be a good starting place?

Who are "we"?
 
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