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Hi, my name is Megg. I am 16 and i am staying with my oldest sister. My mom and her girlfriend just broke up so we had to move. she can not afford a house on her own plus 3 kids. So her and my two younger brothers are staying with her friends. I am staying with my oldest sister about 3 towns over. My sisters husband is in the marines and he wants us to move to California. We both (my sister and i) know that my mom will not allow it. We have to know if i can go by the end of may. They will be able to take care of me better financially. my mom cant not even afford to rent a house. she is living in a 3 bedroom house with 6 people! Does anyone know how she can get custody of me so that i can move there with them. Please help Me!!!!
Location: Albuquerque, New Mexico (Yes thats in the United States)
Posts: 341
How old is your sister? Well I think what you just said about your mom not being able to even rent a house and shipped you and your siblings to other people, will give your sister custody. Your sister will have to get an attorney and show financial responsibility, also you are over 13, you do have a right to decide who you can live with. (in a courtroom that is). So you will probably be able to permantly move in with your sister as long as she has financial responsibility and doesnt have felonies or anything. Goodluck
My sister is 26. So i do have to take my mom to court?? I will not be able to talk about her while she is sitting right there... Me and her are VERY close!!! but she needs to think about my future in college and stuff... Seth is in the marines so we will be very well off money wise. My mom has always been too but now she has a seziure disorder and she cant work now!
Location: Albuquerque, New Mexico (Yes thats in the United States)
Posts: 341
You might not have to take your mom to court. Speak to an attorney who works with custody cases, or your sister can try to go to a court house and get custody papers, sit with your mom and speak to her about this, see if you can willingly get her to sign those papers, if not then your sister can take her to court. Your mother and your sister will be investigated (housing status, employment, any drugs/drinking problems etc) to see which one you should live. Then they will take you and question you. That is when you explain to them about how your mother is not financially stable and had to separate all of you just to get by. Tell them who you would rather live with and why. You are old enough so I am sure as long as your sister has a clean backround and shows she can afford to take care of you, your chances of living with her are pretty good. If you do not feel comfortable talking about your mom in front of her, tell the attorney and judge before your mom gets there. Although if I were you, I would talk to your mom about this NOW. That way she is not blindsided and left out in the dark. Just a suggestion. But honestly I think your sister will more than likely get custody. Goodluck any questions feel free to message me. I have been there and done that with my parents many times when I was younger, moving back and forth going through paperwork and such. take care
First, Becca is incorrect. At 16 you cannot make this decision legally. You CAN petition a family court to have your sister appointed as Guardian, but a court has to make the decision unless you mom will agree to it.
So the first thing to do is talk to your mom. Explain to her what you told us.
BTW, while it may appear that way to a 16 year old, a marine (unless a higher officer) does not really make a great deal of money.
Location: Albuquerque, New Mexico (Yes thats in the United States)
Posts: 341
ScottGlem well when my parents got divorced (10 years ago) they said you can tell them who you want to live with IF you were over the age of 13. My sister was then 13 and told them she wanted to live with my mom, and as long as my mom could show she is financially stable and is a responsible parent, then we could live with her. Other than that, my parents were fighting in court for us for a very long time and if my sister did not tell them that then we probably would have ended up with my father. So I am going by what my parents told me and after moving back and forth between my parents, instead of getting attorneys or handling it in court, my parents would get papers from a court house and file custody and there is a section where the child can write the reasons why they want to live with which parent. And obviously, her sisters husband (the marine) makes more money then her mother.
Becca, What you don't seem to understand was that your opinion was asked for, but it was not binding. The decision is made by a judge, not by a minor. The judge may, and usually does, take the child's input and wishes into consideration, but the decision is still in the judge's hands.
If romance just ups and goes with her big sister and her mother fights it, she most likely would win. She cannot just decide, at 16, where she wants to live.
Also, ONE person's experience does not a rule make. Its not good practice to give people blanket advice based solely on what YOU experienced.
Location: Albuquerque, New Mexico (Yes thats in the United States)
Posts: 341
Scottgem My opinion is based on my experience. I think you misunderstood me or maybe I left things out, which I am reading my posts and I can see where I am misunderstood. I did NOT mean "Oh your over 13 live with who you want to, when you want to" no I did not mean that at all. What I ment, is that in court, when there is a battle between custody, the court will more than likely go by what the child wants (if over the age 13) unless there is a problem with one of the people wanting custody (drinking/drug problems, felonies, etc). ALSO I NEVER said or assumed that my opinon is binding, I said I was going off of what I learned from my parents and moving back and forth between them and dealing with courts and paper work.