what is the legal age...?

Question

i am 13 and i have been haveing troubles with my real dad, long story... anyway he might take us to court and try to get me to legally HAVE to go with him, i'm supose to go with him every other weekend and every tues. but i haven't been. i need to know the legal age that i'll be able to tell the court that I DON'T WANT TO GO WITH MY DAD...AND THAT I WILL NOT GO... if you could help it would be greatly appricated i would also like it if only people with a good knowledge in this kind of "stuff" could answer this ?... also if you have any sources please LIST THEM, if it helps i live in the state of Oregon, PLEASE HELP!!!! I REALLY NEED TO KNOW, and any other info on this sub. could you please list in them!!!
thank you grately
-IUVC.J.F

Answer 1

I believe 16 you can make the choice, but not exactly sure on a exact age. Until that age it is up to the courts. May want to check this out:
http://en.wikipedia.org/wiki/Emancipation_of_minors If you can get that, then for the most part you have adult rights.

Emancipation of minors is a legal mechanism through which a person below the age of majority gains certain civil rights, generally identical to those of adults. An emancipated minor is free of any authority from his or her parent or other legal guardian. The extension of these rights, as well as the remaining prohibitions, vary according to the jurisdiction.

In most countries of the world, adolescents below the legal age of majority may be emancipated somehow: through marriage, economic self-sufficiency, educational degree/diploma or pregnancy.

In some cases, parental consent is needed to achieve the "emancipated" status. In some cases, court permission is necessary.

Answer 2

In most states you are not considered an adult ready to make your own decisions until age 18. The visitation rights were most likely spelled out in the divorce agreement, and if you don't go it makes it bad for your mother. Lately there has come to be a legal practice for child advocacy--lawyers who act in the interest of the child rather than the parents. I found three by searching "child advocates Oregon". I'd try the second one first. Universities are often ahead because they do a lot of research. In the meantime, see if you can find a lawyer-your mother's, a friend's- who can give you some advice. In the meantime write down everything and I mean everything that you can think of that makes you want to get out of this situation. I think 13 is old enough that a judge would listen to you, but you have to have good reasons.

Answer 3

The court should know how you feel, but the court may not want to hear from you directly since you are 13. You should have your mom (with whom I assume you live) ask that the court appoint an attorney to represent your interests. This is called minors' counsel. That will be your attorney who you can talk to and who will tell the court what you want.

If Oregon is anything like California, the court will want to do what is in your best interests. If going with dad does not fit within that, then that is what the court will say.

Answer 4

It is really no age. If your mom was a good mom In the courts eye. Plus You can really be any age i think they prefer 12 and up as long as you are mature. Plus it depends on School Location reasons for divorce ect... all things come to play here. Think of reason GOOD reason that you do not want to be with Dad. You do not think he is going to be home enough, What about when you hit puberty or you are already there, what if you have questions about it. Or tell them you do not want a perm. Home If you need to talk or have any questions email me camopaiser@yahoo.

Answer 5

In most states you can get a counsel to represent you in a court hearing...I believe you must be 12 or above to do this...but the one thing you must remember is that if your problems with your dad are about your social life or the way you dress or personal matters they are not going to grant this but on the other hand if it is about abuse physical or sexual.or mental the court will be more willing to grant you what you ask....Just saying we have problems is not enough, you have to prove he is actually doing something that is harmful to you..it also cannot be about anything he would consider to be in your best interests and can prove in court that you need improvements in or you could open the door for him to gain custody of you. by proving your mother is not raising you properly...if you are suppose to be going with him and he doesn't make you then he is already considering what is in your best interests by not just taking you anyway...I would recommend you try to resolve this problem with your dad yourself and not get involved in court which could work out the opposite of what you want and could even endanger your mothers rights because she didn't full fill the courts orders which says you must go with your dad those times required by the courts order.. there is no exception for this order unless he says he cannot be there for you on those dates.

Answer 6

You can certainly tell the court. But in the end, it's up to the court to decide what happens.

If you decide to tell that court how you feel, remain calm. Speak slowly. The more coherent you can explain your position, and the more information you can calmly give to explain why you feel that way, the more persuasive the court will find your position.