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staunton · Apr 20, 2008, 04:17 PM

:( I'm under 16 and my mum is moving at the worst point in my life ! This means I will have to move schools and leave my dad and other family behind and friends I want to go and live with my dad I have asked and spokern with my mum about this but she has just said I don't have a choice and I have to move with her I want t no if I can live with him and why dose she get to make the derision?

Fr_Chuck · Apr 20, 2008, 04:27 PM

First I will assume your mom and dad are divorced and not living together.

First you have no choice in this what so ever. Sorry.
It all depends on the child custody agreement that is in place. If your mom has physcial custody, you have to move with her. There is some Buts, where is she moving, often many child custody agreements don't allow the one parent to move out of state without the other parents permission.

Also your dad can go back to court and file for physcial custody if he wants to.

staunton · Apr 20, 2008, 04:30 PM

But why dose my mum have custody and no there not divorced they were never marrid and we live in chtham my dad lives in strood (both in kent) my mum wants to move out of kent to norfolk

Fr_Chuck · Apr 20, 2008, 04:36 PM

OK, not 100 percent sure what county you live in, UK or US but there are some things similar.

Either your "dad" never went to court to get any level of custody, or if he did he got visitation and the court gave your mom custody.
It is normal for the women esp in young children to get the custody of the child,

So assuming the laws of your country allows, in the US, the father would have to file a motion in court for a change in the custody agreement.

staunton · Apr 20, 2008, 04:39 PM

We are in the uk and my mum wants to move over 3hrs away from my school my dad my family , friends basikley my life and I don't think they went to court iver of them ?

Fr_Chuck · Apr 20, 2008, 04:48 PM

If they never went to court, she has custody because your father never asked for any official status as your father. So basically since there is no agreement what so ever, yep, with your mom you will go.

Alty · Apr 20, 2008, 04:54 PM

Fr_Chuck, I'm not familiar with the law by any means, but if her father petitions the court for custody and she asks to live with her father, won't the court grant him custody? I've heard that once a child is over the age of 12 they can choose, in a court of law, who they want to live with. This is just something I've heard, it might not be factual, but if so then that is something to look in to.

N0help4u · Apr 20, 2008, 05:16 PM

I agree with Altenweg talk to your dad and ask if it is possible for him to apply for custody.
He might be able to get joint custody and you should be able to tell the court what you want even though it may not be taken into a whole lot of consideration in the Judges decision.

Fr_Chuck · Apr 22, 2008, 07:43 PM

Well Normally the court will go with what the child wants BUT:::

First they will look at what part the father had in the child's life.
They will look to see if the father had been supporting the child property.
And they will accept evidence from the other party as to why they should not.

So if there is some danger to the child, or if that parent is considered unfit. It is not always a sure thing, but a normally