My Brother wants to live with my dad but my mother says NO!?

Question

Ok. About 3 years ago my parents separated. there was a restraining order against my dad. My mother left to Arizona with my two younger brothers and My father remained here in New Mexico. The oldest of the two younger bros is 13 years old and he wants to live with my father now. My bro and I sat down with my mom and talked to her about it and she blew up and said no. My mother never made an attempt to get a divorce. and the restraining order is no longer in affect. Does anyone know the age at which a child of 13 can choose what parent he can live with. And since they are NOT divorced what else could he do to legally live with my father?

I'm 20 years old. both of my brothers have been completly shut out from my father until just recently. they can only talk to him over the phone. I am getting answers like 13 is the legal age. 14 is the legal age. Does it vary between state? And if he IS the legal age now. would a court date need to be issued for him to be able to move to new mexico. and where would it need to talk place, NM or AZ? I DO know what happened between my parents. My mother is just being spiteful against my father. She is more concerned with what her side of the family will think than what is more important to her kid. There was never any resentment between my brothers and Mother. He just decided that he would like to be able to spend more time with his father.

Answer 1

13 is the age that a person can choose which parent to live with. Help him pack. Your mother really has no say in it.

Answer 2

You and your brother, should call your dad, and tell him the situation that he wants to stay with him.
Since there is no divorce and no court orders, your father is entitled to take your brother, if he chooses too.

Your mom might fight him in court. But if he's 13, and he agrees to tell a judge, he should be able to go with your father. I think the legal age is 12, atleast in Connecticut, if the child is fully aware, a pychriatic test is done, to determin if the child is comprehensable enough to udnerstand what the situation is...

There are certain juristrictions though, Your father needs to have a bedroom for your father, and enough money to support him. He also needs to enroll him into a school, and have a way to provide a baby sitter if they ask him too.'


But legall yes, your brother can go with your father. Unless there are situations like mental illness or dementia in your brother. As long as your father is capable of taking care of him, as determined by local authorities.

Answer 3

A very young boy, needs to stay with his Mother, if she is a good Mother, but when the boy becomes a young man, he needs to spend time and the rest of his teen years with his Father. If the kid is not allowed to be with his Father and if the Father is a good Dad, then the kid will be missing a very imiportant time in his entire life. Father and Son need to renew the bonding. A good Father is left with a horrible void, if his son is withheld and it is awful if the case is that the Mother is holding on, mainly for the Child support. Been there and witnessed it. It is always the kids that suffer.

Answer 4

since they aren't divorced, your dad could just come and take him. on the other hand, if there was a restraining order issued against your dad, maybe your mom knows something she's not telling you. at 14 your brother can legally choose which parent he wants to live with.

Answer 5

From previous solutions on your question, that's unanimous which you will desire to seek for custody and get criminal suggestion. I agree, yet first of all, get criminal information/information on your parents' habit. i think you're over 21, stay in a stable ecosystem, and have the economic means to offer a solid domicile on your brother. this does not advise you have to be wealthy, because of the fact i'm helpful the choose will order your parents to pay some sort of latest child help to you, in case you're appointed his criminal father or mom. The choose will verify out those sort of information earlier coming to a decision. solid success. It sounds as though he could be lots greater proper off with a loving sibling than together with his parents.

Answer 6

Your mother is so upset probably. Now that you have talked to her about it, give her some time to let it sink in. This could be devastating for a mom to hear. Let her come down, give her the reasons of why he wants to. Maybe she will come around. If not, he has every right to decide where he wants to live, and then she will be the one that has to live with herself and the decisions she makes.

Answer 7

I'm no lawyer but if they're not divorced i'm not sure there's much she can do,and if they go to court at his age the judge might side with him,but having a restaining order against him should help your mom I would think,they don't give those for kissing and hugging.

Answer 8

I think, that unless your brother and Mother have a serious problem, she just may know what she is doing. YOU have NO clue as to what went down between them, she does. Your mother is not going to allow anything to happen to her kids. I suggest you stay out of this, you may not know the whole story. IF your mother is using her kids to get back at her "husband," time will out...trust me on this one. Good luck

Answer 9

Legally talk to a lawyer. They could advise you both what the best way to do. You could talk to an adult member of the family or a counselor.

Your mom is being selfish and does not want to listen reason.

Answer 10

Make your life easier by listening to your mother and no getting involved in adult stuff. If you are over 18, then be a friend to your siblings and help them accept your mother's decision. Kids always want to go with the other parent because they think it will be better......but it isn't.