my parents are divorsed, and my mom has legal custidy, but my dad has visitation rights, what is the legal age to choose who i want to live with. can i choose or do i have to stay with my mom. or how does that work?
2007-06-04 10:52:40 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
i live in los angeles, CA
2007-06-04 10:58:55 · update #1
and everyother weekend i do spend the night at my dad's house but i want to know if i can stay there perminately.
2007-06-04 11:00:21 · update #2
One of your parents ,your father in this case,has to challenge your mom in court for custody of you.While in court either parent can ask the Judge to let you request who you want to live with. Usually the Judge will take you into his chambers an ask you some questions to make sure you understand whats going on and then will take everything into consideration on your request and if there are no othere damaging evidence the Judge will let your request stand. There is no guarantee that you will get your request but the Judge will take it under heavy consideration before deciding.Hope this helps and good luck
2007-06-04 11:03:49 · answer #1 · answered by Arthur W 7 · 1⤊ 0⤋
First of all zajucomom is completely wrong. One of the states I am licensed to practice law is Missouri and the age in which a child is able to choose is 18.
In fact, the ONLY state which allows a child to choose with which parent he/she can live is Georgia where the court, by statute, allows a child of 12 and older to choose.
Now, to california.I suggest anyone who thinks the age in California is less than 18 I stronly suggest you read Fam. C. Sections 3011; 3040 and Fam. Code Section 3002.
NO WHERE in the statutes is there any mention of age as a requisite for the child to select with which parent she is to live.
Also, a judge in California will NOT take the child into chambers. That is immediate grounds for dismissal and for removal from the case. In California, in a case for custody where the facts are similar and the child wishes to have a voice, the court MAY appoint a Guardian ad Litum who will then submit a report including the voice of the child and the best interest based on interviews and factual findings.
So, poster, you need to discuss it with your parents and attempt to reach an understanding, otherwise, your father must file a motion to modify the custody order and have a compelling and significant change in circumstances which will allow the court to determine that the move will be in your best interest.
2007-06-04 13:15:34 · answer #2 · answered by hexeliebe 6 · 2⤊ 0⤋
18
2007-06-04 10:56:01 · answer #3 · answered by kkahne 2 · 0⤊ 1⤋
sorry kid, you have to stay with your mother until you are 18, as long as she has legal custody of you.
your father has the rights to visit you under the guidelines given to him in court, however, you cannot live with him since he does not have custody of you. it would be considered kidnap and a felony and jailtime if you tried to stay with him.
at this moment, your mother has power and leverage over you, but if you can work something out with her, say, if you can spend the night at your fathers house on certain days and both your parents can do an out of court verbal and/or written stipulation, then everything should be okay. check with your mother first and double check the legal rights before going by what i'm saying.
good luck to you. i wish u the best!
2007-06-04 10:58:21 · answer #4 · answered by SouthCali4LifeSD 3 · 1⤊ 0⤋
Depending on the state, children are given some say as they become teens. Talk to your parents first because as long as there no real nasty fight going on between them, they should be able to just work it out without a court fight.
2007-06-04 10:57:25 · answer #5 · answered by Deep Thought 5 · 1⤊ 0⤋
13 in the state of missouri. Read this article it is so wrong. http://www.childcustody.net/24.html
At What Age Can A Child Choose?
2007-06-04 10:57:11 · answer #6 · answered by Anonymous · 0⤊ 1⤋
mom has the legal custody , till your 18,,, tell mom you want to live with dad ,,, custody can alway be hear again ,if you are abit older now the judge will take that into conderation , or share custody, but it will cost heaps of money for that to be done.......
2007-06-04 11:23:48 · answer #7 · answered by Anonymous · 1⤊ 0⤋
that depends on which state you are in. in tn, the age is 16 look it up online for your state.
2007-06-04 10:57:29 · answer #8 · answered by patti p 3 · 0⤊ 1⤋
u can ask youir dad.
2007-06-04 10:55:49 · answer #9 · answered by Anonymous · 0⤊ 1⤋