ok, so i am 15 and my parents are divorced and i live with my dad. how old do i have to be to go before a judge and tell them i want to live with my mom? what is the legal age i can choose who i want to live with?
2006-10-07 17:27:31 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
from minnesota
2006-10-07 17:52:11 · update #1
Most states and dont quote me on this as they all do differ.. but I hink most states say that at age 12 you can decide who you want to live with.
Your dad has custody of you, keeping this in mind, there was probably a good reason why the courts placed you with your dad.
The courts try to place a child with which ever parent that has the child's best interests at heart.
~*~*child custody: an overview
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.
Like other aspects of family law, most law in this field is state rather than federal. http://www.law.cornell.edu/wex/index.php/Child_custody
http://www.revisor.leg.state.mn.us/stats/
http://family.findlaw.com/divorce/state-divorce-laws/minnesota-divorce-law.html
Custody
If there are children involved in a divorce, you'll need to determine who has responsibility for them. Minnesota law splits this responsibility into two components: (1) legal custody (responsibility for decisions involving health, welfare and education); and (2) physical custody (responsibility for day-to-day care).
As with other the elements of a divorce, custody will be often be decided through negotiation with lawyers, mediation, or in court. In all instances, the guiding principle will be what is in the "best interests of the children." Depending upon their age, children's preferences may be taken into account, but they're not the determining factor. Courts realize that children are often (inappropriately) influenced by one parent.
Each type of custody can be assumed by one of the spouses (sole) or shared in some manner by both (joint). In many cases, one spouse will have primary physical custody of the children, and both parents will share joint legal custody. In such cases, the non-custodial spouse will have parenting time according to a well-defined schedule. In Minnesota, joint physical custody is not as common, because it requires that the parents live near one another and maintain a friendly, respectful relationship.
Historically, when looking at the best interests of children, Minnesota law favored mothers over fathers. Today, however, courts are increasingly recognizing that gender roles are not as well defined as in generations past.
Custody disputes are emotionally draining. We've been there. And, we've successfully represented husbands and wives in obtaining custody of their children throughout Minnesota. To learn more, contact the Brown Law Offices. You can reach us by calling (763) 323-6555, e-mailing us, or clicking on the free online consultation link.
http://www.brownfamilylaw.com/child%20custody.htm
© 2006 Brown Law Offices, LLC
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=SLAW_CHAP&year=2002&chapter=304
If you know where to find out what the laws are then you can present both your dad and you mom with them.
Maybe you can work out something where you can live with your mom for 6 months and if it doesnt work out then you can go back with your dad.
Hope this helps
2006-10-07 18:55:36 · answer #1 · answered by Shalamar Rue 4 · 0⤊ 0⤋
The Police branch the place your mom lives, of course, does not understand that Elder Abuse is against the regulation. This guy has no pastime and it places up pink flags for fiduciary abuse, he's residing off of her earnings. residing house arrest? At her place of abode? you already know your mom as solid as everybody can, do you think of that she is quite of sound thoughts? If the respond is specific, then there is little you're able to do. If the respond isn't any, there is lots you're able to do. Is your mom in any state of dementia? At seventy 4, it truly is achievable. is this guy her caregiver? If no longer, he has no place in her relatives and because she's in subsidized Senior Housing, she could lose it very quite have been it stated. what's your mom lacking in her existence that this guy is friendly? it truly is a crucial question and while spoke back will yield important reasoning. you may could get a Conservatorship for her. In any journey, you may see an Elder lawyer, and rapidly. If this guy is on any of her economic business enterprise debts or her 0.33 social gathering representative for Social secure practices, he could carry out a little actual economic injury. If it truly is something that person shielding centers needs to handle, your lawyer may be the main suitable money you have ever spent. He/she will have the skill to inform you the main suitable suggestions on a thank you to handle the area in an expedient style. as with all getting old problems, there are a number of things to be seen which incorporates well being, funds, abuse and high quality of existence, permit an lawyer furnish help to with those. it is going to likely be dealt with in an suited way. thank you on your worrying attitude on the subject of your mom. And please, do no longer wait from now directly to look for expert help on your mom.
2016-10-15 23:16:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The judge will usually recognize your choice at age 16.
2006-10-08 00:53:14 · answer #3 · answered by GrnApl 6 · 0⤊ 0⤋
Most states are 12 years old.
2006-10-07 17:43:50 · answer #4 · answered by lifescircle 5 · 1⤊ 0⤋
In Canada, it is 12
You can ask to have (I am guessing your Mom) ask for a child lawyer to represent you.
Get your Mom to ask her lawyer or get a fee legal referal (advice)
from a lawyer, simple question....how old do you have to be, it may even be stated in a legal flyer at the courthouse.
2006-10-07 17:33:53 · answer #5 · answered by Keanu 4 · 0⤊ 0⤋
i think its 12 or 14 depends on what state you live in
2006-10-07 17:43:10 · answer #6 · answered by Christine M 2 · 1⤊ 0⤋
at 15 i think the judege will listen to you, (i think the age is 12) but you have to have some good reasons to why you want to move out. good reasons: he abuses you (emotional, verbal, physical or sexually) neglect (no food, clothes,school) . also they might ck to see if your mom is competent (not a drug addict or dealer, prostitute, has a good job) so really think about your reasons before you start any process.
2006-10-07 17:35:42 · answer #7 · answered by LIL' DEVIL 2 · 1⤊ 0⤋
It depends on where you live, but I would bet that 15 is old enough just about anywhere.
2006-10-07 17:30:04 · answer #8 · answered by Kate 3 · 1⤊ 0⤋
It depends on the state you live in.
google custody laws for you state... or post what state you live in and I'll do it for you ^_^
2006-10-07 17:35:56 · answer #9 · answered by Anonymous · 1⤊ 0⤋