My mom has full custody and I am fed up and just want to go live with my dad, he said its fine and he sent me money and everything to get there, (my mom said she was kicking me out at the end of the week, but she denied it after)
i was about to leave and my mom called the police and the cop came over and told me my dad would get arrested and i would get in trouble too. Is he just saying this because he sided with my mother? Is that legal?
I am 14 years old and my brother who is 15 was doing the same thing.
Why is it so wrong, are they right to deny me the privilage of going to my dad's??? Was this legal for him to do?
2007-08-21 18:25:53 · 11 answers · asked by De_San_Dan 2 in Politics & Government ➔ Law Enforcement & Police
Police officers MUST abide by the directives laid down by the courts. Officers cannot use personal feelings when working with child custody cases.
There have been a few times where I have had to take a child from the custody of one parent and deliver them to the other...and I knew the child did not want to leave, and I could see that the first parent was taking care of the child well enough. Nothing I could do about it though, as the second parent had paperwork that granted full custody from the courts.
The only way for your father to have custody of you is to go through the court system. Otherwise your mother can (and it seems, will) call the police anytime you are with your father outside of visitation.
The police are not denying anything...they are just enforcing the ruling made by the courts. Maybe when the court decision was made your father was unable to care for you well enough to gain custody. If he can now, ask him to go back to court.
2007-08-21 19:04:05 · answer #1 · answered by Vindicaire 5 · 1⤊ 0⤋
Bad news, kid - you have no rights.
Your mother has custody of you and your brother. The Judge ordered it so. If you go live with your Dad without the Judge's consent, your Dad will be defying the Judge's order, and that is illegal.
On the up side, since you are 14, the Judge will often hear you out if you state your desire to live with your Dad in a serious, adult way (assuming that your Dad hasn't been found to be an unfit parent), and will take your wishes into consideration if asked to change the custody agreement.
Send the money back to your Dad. Tell him to use it to pay a lawyer to try to get the custody agreement changed.
Good luck.
2007-08-21 18:43:30 · answer #2 · answered by wuxxler 5 · 2⤊ 0⤋
Your custody is granted by the judge and can only be changed/revoked by the judge. There's a reason the judge granted your mom your custody. Unless the conditions have changed or vanished, you mom still has the legal custody. Since you and your brother are minors, you have to ask your dad to get an attorney to take care of this matter. Make sure you and your dad can prove the "conditions" have changed so the "decision" should be changed.
2007-08-21 18:41:25 · answer #3 · answered by Phil 3 · 1⤊ 0⤋
Unfortunately, yes. For now. Your dad should take your mom to court and try to get the custody. This way, he will have the custody too, not just your mom. He should go to court and file for custody. The judge is going to ask you then, "Where do you want to live?" And you say "I want to live with my dad." And then your mom will not be able to do anything about it. Tell your dad to go to court and get the custody.
2007-08-21 18:43:42 · answer #4 · answered by OC 7 · 0⤊ 0⤋
Yes the officer was right. Your Mother has full custody of you and your brother. If you leave to go to your Father's home without a judge saying that it is okay, your Father could be charged with harboring a runaway. It would be better for everyone involved to go back to family court and tell the judge why you would like to live with your Father and the judge will say yes or the judge will say no but it is up to the judge. Most of the time with you being old enough to make good sound decisions the judge will allow you to move back in with your Father if he has a safe and stable home for you and your brother. Good luck with this I hope it works out for you.
2007-08-21 18:35:34 · answer #5 · answered by Steven C 7 · 5⤊ 2⤋
aww, sorry your having trouble.
I'm positive your dad can file for custody, and I believe the judge will let you decide who you want to live with.
You need to think of all reasons why it would be better for you to live with him, like your mom's verbally abusive, tells you to move out,drinks alot,ect....
search your counties divorse legal documents, if your dad just files,, sounds like mom will fold...before a long battle, no lawyer needed
in the mean time,, see if she will let you "visit" him...
it will happen if it's the right thing,, just keep your head together...
don't get pregnant and do drugs,, stay in school,,,peace
2007-08-21 18:41:49 · answer #6 · answered by Anonymous · 1⤊ 0⤋
you are only 14. You have no legal rights. If your Mother has full custody then she has all legal rights to you until you are 18 or you can gain emancipation. Yes, what you were told is correct. If you go to your Dad's you could be put in runaway status. if your Father did not cooperate then he could get arrested for harboring. He would also be violating legal contract which is a civil issue and could be brought back to court. Your mother could sue him...
2007-08-21 18:32:12 · answer #7 · answered by wfsgymwear 3 · 2⤊ 3⤋
She has the custody and has the final say, unfortunately for you. You need to go through the courts and since you are of age to do so, tell them who you want to live with. I had to do this to go live with my mom solely. Best of luck!
2007-08-21 18:32:09 · answer #8 · answered by Girl 3 · 3⤊ 1⤋
i live with my mom and nearly a year ago i ran away to try and live with my dad. i barely saw my dad but i knew where he lived. when i got to his house i saw a little baby and his new wife. he just freaking forgot about me.i was so pissed and than i realized im lucky that my mom took costudy of mme
2007-08-21 18:43:19 · answer #9 · answered by LAsS0Ni #TWo-OnE 3 · 1⤊ 1⤋
I believe at your age you have legal rights, but just in case, go call a family lawyer and ask. The first question is free.
2007-08-21 18:33:58 · answer #10 · answered by Anonymous · 0⤊ 5⤋