I have a 14yr old daughter and she does not want to be with her dad. He always uses bad language toward her when he is mad at her & breaks things. She is scared of him and she says that if anyone makes her go back she will runaway. He last told me that he is going to take this to court, cause she is only 14 and has no say in this. Does anyone know what can happen? Has anyone been through anything like this before? I need some advise. Thank you!
2006-12-30 11:17:17 · 29 answers · asked by GODZgurl 1 in Family & Relationships ➔ Family
i haven't been in this type of situation but my sister has
she went to court and lost custody of her two boys (aged 12 and 8) because the judge ask the boys which parent they wanted to live with and they said their dad...
and they told him why and thank goodness the judge listened to them...
they do have some say at age 12 and the judge will ask them who they want to live with and why (she can tell the judge then why she doesn't want to be at her dads house)
tell your daughter she does have a choice and most importantly that you are behind her
it doesn't take a lawyer to go to family court but its better if you have one...no doubt if her dad is serious about this he will have a lawyer on his side
2006-12-30 11:38:04 · answer #1 · answered by mother of teenagers 3 · 0⤊ 0⤋
He is wrong your daughter does have a say in it she can be taken to court and tell the judge that her father is verbally abusing her and she no longer wants to go see him so tell him to take you to court because you and her have rights as the mom tell the judge that your daughter has come home upset and wants to run away if she has to see her father start documenting meaning write down what happen in these visits and has a witness sign them that way its some kind of proof
2006-12-30 19:21:19 · answer #2 · answered by Angel Virgo 3 · 0⤊ 0⤋
Actually I would think a 14 year old would have the capability in court of picking/choosing which parent they'd like to reside with. At least here in Ohio they do, although I'm not sure what the age is. Check with a lawyer hun!
2006-12-30 19:19:46 · answer #3 · answered by Jen 5 · 0⤊ 0⤋
every once in a while, i take a question seriously...this is one of them-
at 10 years old the child can say where they want to live. it is hard on the child but you need to file the custody papers first, so that you get her until the court hearing. also, as the mom, you have more power than the father-DO NOT listen to what the father tells you!
(whomever files first will retain custody until the court precedings!)
2006-12-30 19:27:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Im only 19..but I have been through this with my Dad. She actually can have a say. The kicker is..only if she has that chance in court. She need the judge, jury, and lawyer know this. When I was little..the lawyer ask me why I didnt want to be with my dad. Then I told them...my future step dad has more to offer, takes good care of me, gives me happiness...ect..and my dad cant offer that. We won....my step dad adopted me..and my mom took custidy of my bro and I.
2006-12-30 19:23:09 · answer #5 · answered by Michael and Samantha 1 · 0⤊ 0⤋
sounds like an attorney would help but I think you may be wrong about the age of 14 I think that she does have a say. Petion the family court. You can do it without the aid of an attorney if you want. Since it is her decision I would bring that to the courts attention.
2006-12-30 19:19:38 · answer #6 · answered by mamaac43 3 · 1⤊ 0⤋
So, I take it you're her Mother. Are you willing to take custody? Usually, after age 13, the childs wishes, as to which parent they want to live with, is taken into consideration by the judge. Chances are, her fathers verbal abuse is an indication that her environment is harmful to her. Let her father take this to court if you are willing to take custody or have her made a ward of the state if you are also found unfit.
2006-12-30 19:23:18 · answer #7 · answered by JayJay 3 · 0⤊ 0⤋
Hmm, don't know about your state laws but I think kids get a say regarding spending time with parents when they are 12 or 13. If he pushes it he may be in for a big surprise. She does have a say , if he is verbally abusive with her, which it sounds like he is they may only give him a supervised visitation. Research this about your state or ask an attorny. Good luck.
2006-12-30 19:58:20 · answer #8 · answered by kangaclr 1 · 0⤊ 0⤋
The courts will listen to your daughter as she is over 12 years of age. They may send your family to mediation first, however, your daughter will have a say of where she would rather stay.
2006-12-30 19:24:07 · answer #9 · answered by ksgirl 3 · 0⤊ 0⤋
At 14, she does have some say. Let him take it to court. Then your daughter can explain about his abusive behaviour in front of the judge.
2006-12-30 19:19:46 · answer #10 · answered by Anonymous · 1⤊ 0⤋