can a 13 year old say who he wants to live with?

Question

My Grandson is staying with me because of a marrige breakup
he wants to stay with me, but his mum say he has to go back with her , has he the right to say where he lives

Answer 1

hi!i feel for your grandson,to answer your question yes he does have rights at his age,if everything is doing well with him at your house you should maybe sit down with his mom and let her know that at this time he would like to stay with you,his mom probably feels that she mit not be a good mom,or that she is loosing him,if thats what your grandson really wants and you feel that it mite be in his best interests to stay with you,maybe find out more how you could help him with some legal advise...
miracle

Answer 2

If he were choosing between his parents then the court would consider his opinion to carry quite a bit of weight considering his age. Since we're not dealing with a choice between legal parents you would most likely have to prove the mother AND father unfit before you would get custody. You don't say why he wants to live with you but I am going to go out on a limb and surmise that you're probably less strict than his parents. Most g-parents are. Unless there is a compelling reason why he should not live with his mother it really shouldn't be a choice that he is given/ Like I said, if she's unfit, that's a different story, but you didn't mention that so I'm thinking that's really not the issue. And if his mom isn't unfit, why are you encouraging this? He needs to be with one of his parents and that's just the way it is. A 13 yo shouldn't really get to decide not to live with his parents unless they are drug addicts or unfit in some other way.

Answer 3

It depends on the laws where you are and the circumstances. If you wanted to challenge this in court, the judge would certainly listen to what your grandson had to say, but he would ultimately place the child with whomever he felt could provide the best environment and parents tend to trump grandparents. I think you all need to sit down together and have a long talk.

Answer 4

I don't know how the law works in your state but In NJ a 13yr old and pick what parent ( mother or father) not grandparent. My son was 13 and the judge let him choose. That only way you could get him was if both parents signs over there rights, or wait until the child turns 18..

Answer 5

At 13 in most states a Judge will take into consideration where the child wants to live and if he is already living with you it would be a strong chance he would stay.

Answer 6

at age 13, the jugde may ask the kid, but if his wish will be fulfilled is another question. if the both of you can prove that staying with you is the best for the boy, you may have a chance.

but you should definitely get a lawyer. you could fight for your grandson.

Answer 7

In most states the courts will listen to children's requests starting around 10+. Depends on the child and the situation. But you'll be in for a legal battle his mother wants him. You'll have to prove that you are the better guardian.

Answer 8

Im not sure if there are different stipulations for different states. When I was 13, my parents were getting divorced. I was instructed to tell the judge (in private) who I'd like to live with. This was in the state of Michigan.

Answer 9

it up to the court and who gat custody of the child, if for some reason the mother abuses the child then you can petition to the court that she does not have a safe environment for the child. Other then that no he has no say. Unless the mother is beting tor abusing the child, then the father would get custody but if he is abusive then you might get the child.

Answer 10

Yes, he has the right to be consulted. But the court will decide, bearing in mind all the circumstances.

But be fair, why do you want to deprive a mother of her child? Unless the circumstances are very exceptional.