My parents divorced when i was 1 year old and they have me under joint custody. Now I am 12 and i want to live with my mom, and not with my dad because he is constantly yelling at me and my baby brother, he yells at my mom and calls her very mean and degrading things, and calls me very mean things, too. I was wondering what the age is that i get a voice in court in milwaukee?
2007-08-09 05:58:06 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Call the court and ask, get an attorney ad litem. You need an child advocate "CASA" God Bless
2007-08-09 06:00:58 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Ok look, the reality of the situation is that you really don't get a choice. A court MIGHT let you say what is on your mind, but a child's opinion is the least considered when it comes to custody. I am what is called a guardian ad litem, I'm a lawyer that actually speaks for children, in court - and the judge listens to my opinion when it comes to where a child should live.
A judge is not going to change a custody arrangement that has been in place for 11 years because your dad yells at you & you think he is mean. Most kids your age think their parents are mean & don't understand them.
When there is a change of custody petition in court, there has to be what is called a "substantial change in circumstances". Meaning something DRASTIC has to have happened in your dad's house which makes it not a fit place for you to live in anymore. That isn't the case with you...I'm pretty sure your dad has been yelling for a long time - and yelling isn't a reason to take someone from the home they have always lived in.
What he says to and about your mom, that too, isn't a reason to change where you live. A court expects parent's to deal with their issues with each other - a petition for changing the custody will only make it worse. A court will not want to do anything that will make the situation between the parents worse than it already is.
I'm sorry hun, I don't mean to disappoint you - but kids do not truly get a say in court. There has to be a lot more to it than the child just wanting to change houses.
You moving to your mom's house is not going to change anything. When you are at your dad's he is still going to yell at you, he is still going to put down your mom. The only way a change in residence canhappen is if it makes things better for the child - and in your case, it won't.
All that will end up happening is your mom will have to spend a lot of money on a lawyer, and court fees - only to be told no.
2007-08-09 13:13:25 · answer #2 · answered by allrightythen 7 · 0⤊ 1⤋
I think you should go to your mom. Tell her your thoughts. I have a 14 year old daughter who wants to live with me as well but doesn't want to hurt her fathers feelings.
You must let the adults handle this situation. Express your concerns to your mom about his behavior. If she doesn't listen to you then I suggest you find an adult you trust and tell them. What you are describing is mental abuse. That is illegal. And that is not right. Please have faith in your mom to go to her, if money is an issue with your mom (more then likely your father will fight her for custody if they already have joint) then she can get outside help to help her fight for what is right. If all else fails and nobody is listening to you I would strongly advise you to tell a teacher, a neighbor anybody who can get you and your brother help.
You are in my prayers.
2007-08-09 13:05:55 · answer #3 · answered by dazednconfused 2 · 2⤊ 0⤋
Look in your phone book for a Childrens Advocacy resource center.
Start reporting anything abusive your father is doing to your school Guidance counciler.
They are required by law to report any abuse to child protective services.
Verbal abuse is a reportable abuse.
You have a voice right now you just dont know how or where to use it yet.
I hope this helps
2007-08-09 13:08:12 · answer #4 · answered by freemana 2 · 1⤊ 0⤋
I think children always have a voice. Just getting it heard is the problem.
2007-08-09 13:00:46 · answer #5 · answered by Kaboom 3 · 0⤊ 0⤋
Quit a difficult question!
I think it's hard for you.
You should ask an attorney.
2007-08-09 13:03:27 · answer #6 · answered by Incognito 3 · 0⤊ 0⤋
maybe you are of age now.
first thing you need to do is talk with your mother and ask if it's ok that you live with her... if she says "OK" you can write the courts, talk with your father and let him know.
2007-08-09 13:01:34 · answer #7 · answered by letterstoheather 7 · 0⤊ 0⤋
Talk to your mom. She can probably fight for FULL CUSTODY. Good luck.
2007-08-09 13:03:07 · answer #8 · answered by Newly Eloped 2 · 1⤊ 0⤋