my parents got divorced and the judge gave custody to my dad.i want to live with my mom now and the only way this is possible is through the court system.does anyone know what i can do to make this possible.
2006-07-04 15:48:50 · 18 answers · asked by almostageniusbutsomuchtoknow 2 in Politics & Government ➔ Law & Ethics
Uh, if you don't want to live with your dad because he doesn't let you stay out late, makes you do your homework, or doesn't like the clothes you wear, best of luck. It ain't going to happen. If he is abusive, incapable of looking after you, or his lifestyle endangers your well-being, then get help right away. Talk to your Mom and proceed as such. Or, if there's illegal activity going on, call the cops. Typically, custody decisions are hard to revoke and can only be done so under extreme circumstances. If you're just mad at Dad, you're probably going to have to tough it out 'till you're 18.
2006-07-04 15:59:32 · answer #1 · answered by rattwagon 4 · 2⤊ 0⤋
Well, there are several factors here. First, you don't say how old you are. Second, you don't say what is wrong with living with your dad. Third, what was the reason your mom did not get custody as custody usually goes to the mother. These things are very important to know in order to give a qualified answer. However, just on the surface........you are right the action for change of custody does have to go through the court system and this action would have to be brought by your mother. I'm sorry to say there is very little you can do at this point.
There is no doubt in my mind that you are unsettled and confused in your situation. But, unless your mother is in a position to file for custody and prove she is a fit mother, and you are old enough to address the court and make your wishes known (each state determines at what age a child's wishes for his/her living arrangements will be taken into consideration for change of custody) about your living arrangements, you will be living with your dad.
I'm sorry you are not happy. I truly hope this will pass and you will be able to adjust to living with your father. That is if he is a proper parent. If by some chance he is not, you might want to talk to a school counselor or your local child protection agency. Generally you can get help if things are really bad at home.
Let's say things are not really that bad and your just mad at your dad or you miss your mother. Let things settle down and give it a chance, you might change your mind.
I wish all the best for you.
2006-07-04 23:13:47 · answer #2 · answered by c.nolan 2 · 0⤊ 0⤋
Why did the court award custody to your dad? If there was a reason you should not be living with your mom then maybe you should stay with your dad. The best thing to do at this point is to discuss this with your parents, start with your dad.
2006-07-04 22:56:38 · answer #3 · answered by papricka w 5 · 0⤊ 0⤋
Before you go and do that, why don't you sit down with your dad and ask him a couple of questions. First of all, why did the judge give him custody and not your mom. Also, perhaps your dad is expecting some things from you that you are not willing to do. Maybe by talking it out with him, you can resolve your differences.
2006-07-04 22:50:57 · answer #4 · answered by rb_cubed 6 · 1⤊ 0⤋
That depends on how old you are. What you can do, is call legal aid, and ask them, or if the court has appointed you a law guardian, then they can help you, and talk to the judge for you. Also, you can talk to your mom and have her contact her lawyer and find out what needs to be done. Good luck.
2006-07-04 22:53:11 · answer #5 · answered by jensarquist 3 · 0⤊ 0⤋
If he has legal custody! You would have to amend the court order by having a hearing! You can do that by filing a motion. If you are old enough, in some states you can speak for yourself!
2006-07-04 23:00:40 · answer #6 · answered by cantcu 7 · 0⤊ 0⤋
You need to have this discussion with your mom. If your parents can't agree, sometimes there is a special advocate for the kid that the judge can assign. Maybe you can get one of them assigned to you so your opinion on the matter is known.
2006-07-04 22:54:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋
u have to have some legitimate explanation for the switch that ur requesting, otherwise, the court system will quest as to y u want to live with ur mom!! i suggest u talk to either ur mom's or ur dad's lawyer to get a legal advice.
2006-07-04 23:01:04 · answer #8 · answered by Lovemylifefriendsfamily 4 · 0⤊ 0⤋
You must first state your age and sex.
I am sure that is one reason the Judge ruled that way.
Also, there may be financial reasons you are not aware of.
If you are under the age of 18, you have no recourse.
You only have your wits to beat the system.
2006-07-04 22:58:45 · answer #9 · answered by seabee_cb_cb 1 · 0⤊ 0⤋
hm...
first of all, you need a reason why...is he abusing you? doing something illegal? it has to be a reason as to why he isn't a fit parent
and your mom has to be a fit parent
the fact ur dad got custody and not ur mom says a lot...that's a rare thing
and of course you have to talk to both of your parents about it
good luck
2006-07-04 22:56:47 · answer #10 · answered by kaeh 4 · 0⤊ 0⤋