Thursday, January 21, 2010

Does a child get to choose which parent they want to live with?

My daughter is 14 and wants to live me full time. It is 50/50 placement currently. Will a court let my daughter choose? OF course her mom is fighting her choice and forcing her to go by the placement order!Does a child get to choose which parent they want to live with?
in Canada once you are 12 you can decide which parent you want to live withDoes a child get to choose which parent they want to live with?
First, don't be anxious to divide your family. Who came up with the solution? Look into that.


This is entirely dependent on the circumstances.





Your daughter is a young woman. She needs to learn to make her own choices, but remember she might be disingenuous. If she doesn't like the restrictions her mother is putting on her, she might use you to get a different set of rules to live by. Children are total manipulative liars.





If your daughter has a legitimate reason to stay 100 percent with the Dad, with visitation rights for the mom, then she will have to make a plea to a judge. Present that scenario to her and I bet this whole episode will dissolve.





For example: What if the mother has lifestyle issues which are not appropriate for a young child. Drug use, abuse, abusive friends, partying, smoking, drinking, sexual abuse by the mothers friends, constant conflict, verbal abuse, invasion of privacy. Your daughter can make a case and speak with a judge for her own safety. Is that not responsible? She is doing this, not the Father. She might not feel safe in the neighborhood or school and wants a change. This is entirely appropriate if you can shelter her from these things.





Keep in mind, that divorce is wretched and stirs up history and such. The mother has rights too, and the judge has decided both parents have equal rights to parent her for a good reason. Her chances in a one parent situation are nil. A child caught up in the middle like this is lost in all other things. She may have obscure ideas lingering in the shadows of her mind which impact her choices in a negative way. She is unsettled. She doesn't understand why life can't be normal. She will become desperate. She is turning to you now, what if she feels you let her down. Where will she turn?


Don't let that begin. Put the onus on the daughter's shoulders. The daughter needs to be responsible. A Father is there for totally other reasons.





You should have a serious talk with the mother alone to sort this out. The daughter's self esteem and self confidence are so very important at this time. Make sure the daughter is getting the attention she needs, and she feels that you both love her.





I think this is about her relationship with the mother, more than the issue about where she thinks she needs to be.





Your daughter has two loving parents. Your role is to not amplify the problem, when if seems the problem could be solved with better dialog between the parents.





Young women are very liberal and head strong. They think they can be adults. You can use this opportunity to keep her on track with her life.





Is anything else going on. Who is she hanging with? What does she want?





I'm a parent and all my kids are young adults, and we had one problem child, all are on track now. Make sure they know what on-track means, give them options to get something going. Allow them mistakes and let them know the consequences of off-track. Then leave it up to them to choose. They think they are in control anyway, always, no matter what we do.
It depends on your state. Some let the child pick ut you also have to provide a plan and show them that it s a good choice. Example, If you and your ex both have similar situations and can provide for the child but one has a guradian at home at all times and the other doesn't, then the court will most likely keep the child in the household that has an adult around more often. They take everything into consideration and put the child where the best situation is.
As far as I know from what I have read, it depends on the age of the child. A young child wouldn't necessarily be able to make the choice or fully understand the consequences of it. An older child (especially if they are in their later teens) definately has some say in the matter. I sadly do not know where the line between not being able to choose and being able to fully choose goes. Different countries and states also have different regulations.
At that age a lot of country/county/states will let a child pick but then most kids will feel guilty and pick both even though they really do have a preference. Girls have a record of picking dad and boys picking their mom but if one parent is the disciplinary and the other the care taker then the one that yells or spanks usually loses. That's another reason mother's usually end up with the kids is because all the kid's life all they've heard is ';Wait till your father gets home!!'; and the children don't want to live with the one that hits.
The law is different in every state. At some point, the child will get to decide where they want to spend their time. Your daughter is getting to the point where she is going to be able to make the decision on her own although you are probably going to have to take the matter back to court. Good luck with that!
I think the parents would have to agree with the child. Mother would probably have to surrender custody. But I think most courts would be hard to convince to let the child stay away from their mother.
I hope everything works out for you and your daughter. I think if the court sees that you are a better fit for the 13year then it would only make sense that she would go with you. i could be wrong.
Depends on the state my state you have to at least be 9 and in some cases 12 before a judge will listen to the child. Either way your daughter is old enough.
It is very likely that the court will allow her to choose because she is old enough...unless there is an unfit parent involved, in which case they will chose for her.
I am 23 and my parents divorced when I was 3. I could not choose who to live with the courts got too. But once I turned 13 I could choose who I lived with and if I wanted to go visit or not!
nope they cant unless there 16 i think? that happend with my cuz n his sister their mom fought for custody and always won and as soon as they hit 16, they had the right to pick
in texas at age 12 you can chose
When they turn 12 years old, they get to choose. It's her decision, and her mother should understand!
12 yrs old on up they get to choose. She will get to choose. :]
In CA a child can choose after age 13
No

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