My daughter has wanted to live with me(because her dad and I have been split up since she was 6 and she once lived with me last year for 5 months but moved back home because we got into a spat and she wanted to move back home where she has been forever except last year, I still have a two bedroom place but after she left and went home, now the father is saying she cannot live with me even if she wants to, not even when she is 18 because she will still be in school, and he said that if she is going to school and under his roof that she can't move in with me, I am not a bad mother, I go to college, I have a job and her father and I get along just fine, but he said that if she drops out of school even if she is 18 and put her in jail for a charge of some kind....is he pulling my leg or what kind of oppinions do you all have, any?
What about imancupation or divorcing a parent or something?
2007-08-31 04:15:09 · 19 answers · asked by Anonymous in Family & Relationships ➔ Family
yes he has sole custody and and I am not going to take her and run, that is selfish to put her in that position. the courts say I have visitation rights and I follow them.
2007-08-31 04:24:51 · update #1
The court system can take her opinion into consideration, however, they will also look at the fact that you could not handle taking care of her for more than 5 months last year. They will look at what is in the childs best interest, not only in what she wants. Generally they will not remove a child from the custodial parents home unless both parents agree, or there is proof of some sort of abuse.
Immancipation is an option but the court will not grant immancipation to any child that cannot prove that they can remain in school and financially provide for themselves. So unless she wants a full time job to show that she can pay rent and utilities while remaining in school and keeping up her grades, that is not going to happen.
I dont think she can be jailed for skipping out on school after the age of 16, but why would you want your kid to drop out of school just so she could live with you? That is being a bad parent, and shows that she should not be living with you.
If you get to see her at regular visitations, then why is it imperative that she live with you all of a sudden?
Her father is not wanting to let her bounce back and forth between the 2 of you and that is good. It is teaching her that there are responsibilties in life and that she cant just run away everytime the going gets tough. Plus if she is living at one home rather than moving in and out back and forth, it provides a more stable environment that is better for her mental health, her self-esteem, and her grades.
2007-09-06 15:45:46 · answer #1 · answered by DawnanawnaBB 5 · 0⤊ 0⤋
Once a child reaches the age or 10-12 they can decide which parent they would prefer to live in. Your X-husband can not have her arrested and she is too young for emancipation. The emancipation is never granted for a child under 16. Your daughter, unless she is in her fathers legal custody with papers from the Court proving it can move in with you anytime you both want. Her father can not stop her legally. Id just wait until he is at work to make the move. That way there is no huge scene in front of her.
2007-08-31 04:21:27 · answer #2 · answered by Anonymous · 1⤊ 1⤋
When she's 18 she can do what she would like, she can move to China if she wants to and there is nothing he can do to stop her.
At 18, she can transfer to the highschool in your neighborhood or drop out of school and go for her GED, its her choice, no one else's. She will have more rights at 16 to choose which one of you she would like to live with, but you will have to see an attorney and likely get her a guardian ad lietm (a person to speak for her) to determine what is in her best interest. Please pay close attention to her best interest, and not just in this moment, but for the next several years. Is she just angry right now? does she really want to start over in another school and have to make new friends? or would she really be happier, healthier, and permanetly prefer to live with you?
Bottom line, when she's 18 she's an adult, period.
2007-08-31 04:29:29 · answer #3 · answered by Mrs. V 3 · 0⤊ 0⤋
when a kid hits 12, they have the right and say of who they wish to live with, even if another has custody...all they have to do is appear before a Judge...and custody can change hands, be given on a temp. basis, nobody can contest it unless there are extenuating circumstances involved that might contribute to a loss of health, welfare, etc. of the child. But, if these conditions do not exhist, and do not pose a threat, then there is nothing anyone can do, and "threats" are non-valid, and also can be taken to court as a strong "parenting issue against them as a "behavoural" issue that could prove to be dangerous to, and mentally cruel to, with stress and mental health issues prob. etc. and someone will be in deep #$%&^$^*))( if you know what i mean! lol
2007-08-31 05:50:50 · answer #4 · answered by Mr. "Diamond" 6 · 1⤊ 1⤋
Is your husband's eyes brown? They must be because he is full of S###. At 18, your daughter is of legal age and can pretty much do as she pleases. It sounds as if there has been something happen between the two of you to upset him and he is trying to use your daughter to punish you for whatever he thinks you did. There isn't much you can do while your daughter is 15, but when she turns 16 there may be something you and or her can Done but contact a lawyer in any case. I wish you luck.
2007-08-31 04:32:48 · answer #5 · answered by Anonymous · 1⤊ 1⤋
I think I would rather have a truck than a guy who cheats on his girlfriend. If he's sneaking around behind her back he will do the same to you. As for your parents, you can date whoever you want when you are 18. For now it's not worth fighting with them.
2016-05-17 22:30:01 · answer #6 · answered by ? 3 · 0⤊ 0⤋
If she really wanted to come live with you, she'd have to visit the courts and ask to live with you.
The father won't beable to have her put in jail at age 18 if she drops from school........he's nuts if he thinks that!! Legal age to drop school is 16~
You'll have to go to the courts.
2007-08-31 04:40:42 · answer #7 · answered by peggin_beast 6 · 1⤊ 0⤋
Take him to Family Court & get a joint custody order.
He may have good reasons, like her finishing school,
but he cannot deny her some freedom of choice.
Of course, she may be playing you against one another.
So let the court determine what is best for all of you.
Don't allow the daughter to become manipulative.
2007-08-31 04:23:38 · answer #8 · answered by Robert S 7 · 3⤊ 0⤋
He can demand all he wants ... when she turns 18 she can do what she likes .... but for now ... I think it's a great time to teach her how to get along ...... she will need the life skills later.
As long as he insists on her being safe, educated, and stable ... what more can a mom hope for .....
It sounds like a momentary blow up ... see if it passes.
Good Luck
2007-08-31 04:38:19 · answer #9 · answered by John 7 · 2⤊ 0⤋
At 15 she is allowed by court to make her own mind about who she wants to live with if the parent is found suitable to take care of her!
2007-08-31 04:23:08 · answer #10 · answered by corina v 2 · 1⤊ 1⤋