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    CuriousChild14's Avatar
    CuriousChild14 Posts: 1, Reputation: 1
    New Member
     
    #1

    May 4, 2011, 02:41 PM
    Can I have my dad take my mom to court if I want to live with him instead of her ?
    I believe that I should be able to chose what parent I want to live with because I am the one living and going through the changes!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 4, 2011, 02:43 PM

    You can't choose the parent you want to live with. The parent you do not live with CAN petition the Court for a change. The Court will arrange to have you and both parents inteviewed and will grant physical custody based on those interviews and your best interest.

    You may not agree.

    You cannot choose until you are of legal age.

    As far as "having your dad take your mom to Court," that's his decision. You have no voice in that - other than asking your father to petition for a change.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    May 4, 2011, 02:46 PM

    What JudyKayTee said.

    And your father is going to need to prove specific facts justifying a change in custody. In many if not most states, he would have to prove a material "change in circumstances". Your desire, or his wishes, are not enough.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    May 4, 2011, 03:16 PM
    Quote Originally Posted by CuriousChild14 View Post
    i believe that i should be able to chose what parent i want to live with because i am the one living and going thru the changes!
    You can "believe" anything you want. The reality is that the law says otherwise. In the US ONLY a court can decide which parent has custody. The court may listen to your preference but it's the court's decision.

    You don't say how old you are, but depending on your age and the area you live in, will dictate how much the court pays attention to your choice.

    So the only thing you can do is ask your father to petition for a modification and see what the courts decide.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #5

    May 4, 2011, 03:38 PM
    Comment on ScottGem's post
    "curiouschild14? Age?

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