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Child Custody Laws(I'm only 15)

 
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killermonkey  





Joined: 22 Oct 2007
Posts: 1163
Location: Brookings Oregon

PostPosted: Tue Aug 11, 2009 11:24 am    Post subject: Child Custody Laws(I'm only 15) Reply with quote

Alright so pretty much I'm 15 I live with my mom but get to visit my dad(they live about 6 hours away) I visit my dad every winter, summer and spring. I've recently learned my mom is an alcoholic kinda plus the schooling is better at my dad's house and he would be around more. (When I live with my mom(during the school year) I see her maybe 1 1/2 days a week) my dad works 8-5 so I'd see him everyday. I wanna live with my dad but I can't next year. So I planned on it next year. Are there any laws I need to know about as a 16 year old(that's how old I'll be When I bring it up) to ask to move up to my dad's house.

I'm sorry if this is a touchy subjet for some people but I've been driving a 6-8 hour drive for 10 years of my life and I realized I'd rather live with my dad. And I tried google and didn't get any help. So any help would be greatly appreciated
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guitarroker  





Joined: 06 Jan 2008
Posts: 1993
Location: Iceland

PostPosted: Tue Aug 11, 2009 11:55 am    Post subject: Reply with quote

If your mom is not qualified to take care of you (is a very heavy alcoholic for example), you could probably ask your dad to settle for some kind of compromise (3 month at your dads, 3 months at your mom, and so on, and so on) or just take you to live with him. I'm no lawyer, so I'm not familiar with the exact laws, but if your mother isn't fit to take care of you (I'm talking like doesn't feed you or send you to school or something) you'll automatically be transferred to your dad. From what I've read, it isn't THAT serious so the only thing you can do it talk to your dad the next time you go there and tell him how you feel, I'm sure you guys can think of something. Hope everything goes well.
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killermonkey  





Joined: 22 Oct 2007
Posts: 1163
Location: Brookings Oregon

PostPosted: Tue Aug 11, 2009 12:46 pm    Post subject: Reply with quote

guitarroker wrote:
If your mom is not qualified to take care of you (is a very heavy alcoholic for example), you could probably ask your dad to settle for some kind of compromise (3 month at your dads, 3 months at your mom, and so on, and so on) or just take you to live with him. I'm no lawyer, so I'm not familiar with the exact laws, but if your mother isn't fit to take care of you (I'm talking like doesn't feed you or send you to school or something) you'll automatically be transferred to your dad. From what I've read, it isn't THAT serious so the only thing you can do it talk to your dad the next time you go there and tell him how you feel, I'm sure you guys can think of something. Hope everything goes well.
I'm actually at his house right now. I leave on the 14th. She's not a heavy alcoholic but she does have a problem. I can get to school it's just a shitty school.
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guitarroker  





Joined: 06 Jan 2008
Posts: 1993
Location: Iceland

PostPosted: Tue Aug 11, 2009 1:07 pm    Post subject: Reply with quote

killermonkey wrote:
guitarroker wrote:
If your mom is not qualified to take care of you (is a very heavy alcoholic for example), you could probably ask your dad to settle for some kind of compromise (3 month at your dads, 3 months at your mom, and so on, and so on) or just take you to live with him. I'm no lawyer, so I'm not familiar with the exact laws, but if your mother isn't fit to take care of you (I'm talking like doesn't feed you or send you to school or something) you'll automatically be transferred to your dad. From what I've read, it isn't THAT serious so the only thing you can do it talk to your dad the next time you go there and tell him how you feel, I'm sure you guys can think of something. Hope everything goes well.
I'm actually at his house right now. I leave on the 14th. She's not a heavy alcoholic but she does have a problem. I can get to school it's just a shitty school.


By all means talk with your dad about it, I think you have somewhat of a right to choose where you are if you can prove your life could somewhat be in peril, I think. I would tell your dad how you feel, though.
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sorasgoof  





Joined: 09 Mar 2008
Posts: 2314

PostPosted: Tue Aug 11, 2009 5:51 pm    Post subject: Reply with quote

Can't the 16 year old make the decision? I know my cousin chose to live with his mom when he turned 16 and there was nothing his dad could do about it. Maybe there are some details I don't know, but I do know he got to choose, somehow.

EDIT: Just read this...first page I saw on Google.

Quote:
Courts will give stronger weight to a child's wishes depending on the child's age, maturity, ability to express his or her wishes, reasons for the wishes, impact on siblings, and many other concerns.


So maybe you don't really get to pick outright, but they'll take what you have to say to heart. I'm sure if you bring up the drinking and the fact that there is a better school in your dad's area, they'll let you stay with him.
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thesentence  





Joined: 21 May 2008
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PostPosted: Tue Aug 11, 2009 6:19 pm    Post subject: Reply with quote

Make sure you have legitimate reasons and present them well. The law will see you through (hopefully).
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xXryannn  





Joined: 31 Oct 2007
Posts: 576
Location: pittsburgh

PostPosted: Tue Aug 11, 2009 6:53 pm    Post subject: Reply with quote

Here's some advice from my own experiences.

If it's possible, try to not get the law involved. Go for a mutual agreement between your parents.

Trust me, having people you don't know in your personal business all the time gets annoying fast.
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killermonkey  





Joined: 22 Oct 2007
Posts: 1163
Location: Brookings Oregon

PostPosted: Tue Aug 11, 2009 7:10 pm    Post subject: Reply with quote

xXryannn wrote:
Here's some advice from my own experiences.

If it's possible, try to not get the law involved. Go for a mutual agreement between your parents.

Trust me, having people you don't know in your personal business all the time gets annoying fast.
I know I still remember being 4 in a court room. and to what someone said above about the childs wishes. Me and my two sisters said we wanted to live with my dad during the original custody case but the judge picked my mom
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inkjt510  





Joined: 22 Mar 2008
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PostPosted: Tue Aug 11, 2009 7:36 pm    Post subject: Reply with quote

I work in the office of a divorce lawyer. The courts will generally respect the wishes of the child if the child is articulate, well-spoken, and has legitimate reasons as to why he/she'd rather live with one parent
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FreeXBird  





Joined: 24 Mar 2007
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PostPosted: Tue Aug 11, 2009 7:37 pm    Post subject: Reply with quote

I'm no expert, but you could say you feel neglected about how her job never lets her be home a lot.
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GuitarGeek08  





Joined: 19 Jan 2008
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PostPosted: Tue Aug 11, 2009 10:13 pm    Post subject: Reply with quote

My advice would be to not ask for legal advice on SH and ask someone who is a legal professional
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richjohnny  





Joined: 18 Aug 2007
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PostPosted: Tue Aug 11, 2009 11:50 pm    Post subject: Reply with quote

EDIT: nevermind this post. Curse the no delete button near it!
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killermonkey  





Joined: 22 Oct 2007
Posts: 1163
Location: Brookings Oregon

PostPosted: Wed Aug 12, 2009 2:26 am    Post subject: Reply with quote

GuitarGeek08 wrote:
My advice would be to not ask for legal advice on SH and ask someone who is a legal professional
Costs too much money and both sides mom and dad are on the poor side.(my mom for spending $300 a month on wine and cigerettes.) and It's not entirely legal advice either it's can also be if anyone has gone through this before.
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