My little sister is in a mess!! I won't go in to detail the only thing I really need to know is as far as JOINT CUSTODY goes..if she is at her Dad's and her Mom wants her to come home .... does she have to? Can her Mom "make" her, legally?
She is 15 years old if that is a factor.
2007-11-26 07:15:46 · 14 answers · asked by ke ke 3 in Family & Relationships ➔ Other - Family & Relationships
I believe at age 13 they can make their own decision on who they want to stay with. Unless you take him to court I think she can stay. Check with your state law though bc this may differ in each state. You can call a lawyer & get advice though without charge.
2007-11-26 07:20:11 · answer #1 · answered by Chantilly 2 · 0⤊ 0⤋
It really depends on the wording of the custody agreement that the parents signed. If both parents have equal custody rights then no her mother wouldn't have any right to demand that she go back home.
Depending on the state there is an age at which a child can declare which parent they choose to live with. In some states it's 14 and in others it's 16.
If no parent was declared the "legal guardian" of your sister and they both share equal custody rights to your sister then the answer would be NO your mom does not have any legal right to demand that your sister go to her home. You really need to know exactly what the custody agreement says though. I hope that helps.
2007-11-26 07:26:57 · answer #2 · answered by An Aries Male 2 · 0⤊ 0⤋
It depends on the state. Also, it depends on who has legal custody and who has joint custody. Legally, her mom can't "make" her come home but if the mom has legal and physical custody a judge can make her come home via a court order. Of course, the mother would have to ask the court for the order and at 15, your sister's opinion would count towards the judge's ruling.
2007-11-26 07:21:11 · answer #3 · answered by Megan O 2 · 0⤊ 0⤋
Even if they have joint custody someone has primary custody of her. More than likely it is your mom. I don't really know all the legal factors that come into it, but your mom might want to talk to her ex-husband and find out what is going on.
I can't really give any other advice than that since I don't know all the circumstances and I am not a lawyer.
2007-11-26 07:21:46 · answer #4 · answered by mamabee 6 · 0⤊ 0⤋
No, if the custody is joint. ALSO, it depends on the state. In some states, at age 14, the child can maketheir own decisions. If your sister is extremely uncomfortable about going to her mother's, she should ask her dad to call his lawyer so she can arrange a custody change. But, the child is expected to be at the parent who is the guardian at the time house, unless issue prevails.
2007-11-26 07:21:23 · answer #5 · answered by Run Kalula Run 2 · 0⤊ 0⤋
If she is in a situation that has become harmful to her, her mom can attempt to retrieve her in person - if that does not work, and mom is genuinely worried for her child's health or well being, she should call the authorities to step in an take her out of her dads home. Child protective services could help as well.
She (your sister) will probably rebel though if she does not want to be removed from her dads. That could cause even more trouble for her if your mom does not deal with this carefully.
Sorry your sis is having problems, I hope it all works out okay for her.
2007-11-26 07:23:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The decree should spell all of that out. If the decree is ambiguous about how much time she needs to spend with each parent, then it's a problem. But at 15 she can decide who she wants to stay with and unless it's an unfit situation the courts won't make her go back!
2007-11-26 07:19:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I have joint custody of my daughter and from my understanding the father has to agree to it. They agreed to have joint custody so they should come to a joint decision. It also depends on how they have to arrangements set up. She needs to ask a lawyer or get her dad to put his foot down. What does she want?
2007-11-26 07:20:49 · answer #8 · answered by jmc24 2 · 0⤊ 0⤋
It depends on what the divorce papers says. If one parent gets her half the week and the other parent the rest of the week then yes, she can be made to come home! Only going back to court and having the judge change it, can change it until she is 18.
2007-11-26 07:19:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if she is 15, then she needs to apply for her own lawyer, she has the right to choose with whom she wishes to live, if that parent is willing. She has every right to alot of her own choices, including not to be yanked around on some invisable leash. Call a legal aid clinic, or kids help line and they will put you in touch with the right ppl. She's dam lucky to have you to look out for her. Get her help before anything gets worse.
2007-11-26 07:25:07 · answer #10 · answered by ferochira 7 · 0⤊ 0⤋