A 14-year-old by accused of murder when he was 10 is being allowed to move with his family.

In 2009, when the boy was 10, he shot his father, 42-year-old Byron Hilburn, in their home.

The child now faces charges of murder.

The defense claims that the boy suffered abuse by his father prior to the shooting.

The family is moving to Elk City, Oklahoma and District Court Judge George Eichwald has ruled to allow the boy to move and live with his family while waiting for his court date.

The 14 year old will still need to check in regularly with his probation officer.

Prosecutors did not want to allow the child to be able to move with his family.