is in custody of mother in one state and is visiting with father for a month during summer. states she would like to remain with father citing fear and some cruelty. can father go to court in his state to seek custody and does daughter because of her age have any input as to where she would like to remain
2007-07-12 08:27:39 · 6 answers · asked by lloydgreen1942 1 in Family & Relationships ➔ Family
He has the right to try, and the court would probably take in to consideration what she has to say. She isn't a small child anymore, you need to seek out the advice of an attorney.
2007-07-12 08:32:52 · answer #1 · answered by bluebird 4 · 1⤊ 0⤋
it might be a good idea to consult a family law attorney. you would probably have to go to court in the same state/county where the custody agreement was met, unless there is a way around it....
it's true that in most states, a child of 12 is allowed to have input in these matters. and normally the judge will speak with the child.
take care, and i hope everything works out well...
2007-07-12 15:43:21 · answer #2 · answered by letterstoheather 7 · 0⤊ 0⤋
Usually in custody cases, a Guardian ad litem (GAL) is appointed to represent the interests of the child. The GAL will listen to what the child wants and the reasons behind what she wants. The judge will weigh heavily on what the GAL recommends. Be warned: Custody cases are ugly, expensive and often detrimental to the child's emotional well-being. Of course, if there is abuse involved you have to do something, but just be forewarned.
2007-07-12 15:46:19 · answer #3 · answered by sczingal 2 · 0⤊ 0⤋
yes her father can go back to court and try and get custody or his daughter, and the judge may elect to here from the girl, especially because of the fear and cruelty charges, we may want to know what they are for himself before he makes his decision!
2007-07-12 15:34:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on the judge and how mature the 12 yo is. Some judges will take into account what she wants and some won't. You need to get proof of the cruelty.
2007-07-12 15:32:59 · answer #5 · answered by eharrah1 5 · 0⤊ 0⤋
Yes, i believe you can fight for custody, especially if she wants to be with you and if there is abuse or something bad happening with her mother, she does have a say in it, if she is willing to talk in the court room they can put her on the stand and what she says has alot to do with the output, my best advice would be to call a lawyer in town, they can give you free advice and let you no what to do.
2007-07-12 15:32:20 · answer #6 · answered by Nita and Michael 7 · 0⤊ 0⤋