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killermonkey
Joined: 22 Oct 2007 Posts: 1163 Location: Brookings Oregon
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Posted: Tue Aug 11, 2009 11:24 am Post subject: Child Custody Laws(I'm only 15) |
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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 _________________
R.I.P Jimmy "The Reverand Tholomew Plague" Sullivan You will be greatly missed as one of the best musicians around in the world today. |
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guitarroker
Joined: 06 Jan 2008 Posts: 1993 Location: Iceland
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Posted: Tue Aug 11, 2009 11:55 am Post subject: |
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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
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Posted: Tue Aug 11, 2009 12:46 pm Post subject: |
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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. _________________
R.I.P Jimmy "The Reverand Tholomew Plague" Sullivan You will be greatly missed as one of the best musicians around in the world today. |
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guitarroker
Joined: 06 Jan 2008 Posts: 1993 Location: Iceland
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Posted: Tue Aug 11, 2009 1:07 pm Post subject: |
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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
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Posted: Tue Aug 11, 2009 5:51 pm Post subject: |
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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 Posts: 1389
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Posted: Tue Aug 11, 2009 6:19 pm Post subject: |
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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
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Posted: Tue Aug 11, 2009 6:53 pm Post subject: |
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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
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Posted: Tue Aug 11, 2009 7:10 pm Post subject: |
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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 _________________
R.I.P Jimmy "The Reverand Tholomew Plague" Sullivan You will be greatly missed as one of the best musicians around in the world today. |
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inkjt510
Joined: 22 Mar 2008 Posts: 1213
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Posted: Tue Aug 11, 2009 7:36 pm Post subject: |
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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 _________________
Libertarianism is what your mother taught you: behave yourself and don't hit your sister. "
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FreeXBird
Joined: 24 Mar 2007 Posts: 2485
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Posted: Tue Aug 11, 2009 7:37 pm Post subject: |
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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 Posts: 3213
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Posted: Tue Aug 11, 2009 10:13 pm Post subject: |
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My advice would be to not ask for legal advice on SH and ask someone who is a legal professional _________________
I Don't Suck at GH
Xpertlefty13 quoting me in his Acc Thread wrote: | Honestly, thank you
This is the first real, well thought-out explanation I've seen |
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richjohnny
Joined: 18 Aug 2007 Posts: 2421 Location: Perth, Australia
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Posted: Tue Aug 11, 2009 11:50 pm Post subject: |
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EDIT: nevermind this post. Curse the no delete button near it! _________________
The Living End and Barenaked Ladies...need moar of them in GH or RB!! |
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killermonkey
Joined: 22 Oct 2007 Posts: 1163 Location: Brookings Oregon
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Posted: Wed Aug 12, 2009 2:26 am Post subject: |
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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. _________________
R.I.P Jimmy "The Reverand Tholomew Plague" Sullivan You will be greatly missed as one of the best musicians around in the world today. |
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