Advise Needed

[CustodyChange]

What is the name of your state? Hawaii

What is the name of your state? Hawaii

At the age of 1 1/2 my bio father and bio mother moved from Quebec, Canada to Hawaii, USA. At the age of 3 1/2 they separated and my bio mother, not being a citzen of the United States, was unable to work in Hawaii and was forced to return to Quebec, Canada. The laws in Hawaii which state that all trials must be held in person, cause my bio mother to be unable to stay in Hawaii, USA long enough and she did not have enough money, to fight the case for my brother and I's custody.

My bio father remarried a local Hawaiian Family Court Lawyer who is well known in the community and extremely like by most of the judges. Since my bio father under the advise of his wife refuses to allow my permanent residence to be anywhere else other than in the Hawaii, USA my bio mother was never able to fight the case, although my bio mother did entertain the idea to return to Hawaii, USA to fight the case, but she was given legal advise from a retired lawyer friend not to because my bio father's wife would be able to postpone the hearing past my bio mothers visitation limit in the States and if my bio father's wife was unsuccessful in that, she would most definately be able to postpone the trial dates long enough so that my bio mother would be unable to afford anything anymore since she would be unable to work in the States.
At the moment I am living in Hawaii at the age of 15 1/2 and I return to visit my mother every summer. Although I know that my father and his wife are not incabable parents, my brother suffered a traumatic childhood because of the life he was forced to lead in Hawaii by my bio father and expecially because of the interference cuased by my bio father's wife. My brother was on anti depressants and was hospitalized neamerous times for depression. He was sent to a foster home at 16 and at the age of 18 he immediately found the fastest route out of Hawaii which for him was to join the marines and relocate elseware in the states, which he did.
Although I have no medical history (because of my unwillingness to allow social workers, counslers, doctors and the such interview me) I am depressed here and I know many people who would back up that claim, and if not that almost everyone I have ever made contact with knows that I am not happy in Hawaii.
Now that I have explained my situation here is what I would like to do about it and I would like and opinion and some help if able before I enlist the proffesional help of a Lawyer (because of my bio father's wife's repuatation here in Hawaii most lawyers do not want to fight her in court, so I would need to enlist the aide of a Lawyer from the main continent of the USA). I believe, although I may be wrong, the most simplistic and the easiest way to win my case would be to argue that I am depressed and unhappy in Hawaii and would like to switch custody to my mother in Quebec, Canada. My other option is to completey emancipate my bio father and ask the courts permission for Sole guardianship of myself. I am capable of showing that I am able to live on my own, pay my own rent, and attend school because I have experience in working in serious jobs since the age of 13.

If anyone can get back to me on this i would greatly appreciate their help in what they advise me to do in my situation.

[CustodyChange]

Double Post

[LdiJ]

Originally Posted by CustodyChange

What is the name of your state? Hawaii

What is the name of your state? Hawaii

At the age of 1 1/2 my bio father and bio mother moved from Quebec, Canada to Hawaii, USA. At the age of 3 1/2 they separated and my bio mother, not being a citzen of the United States, was unable to work in Hawaii and was forced to return to Quebec, Canada. The laws in Hawaii which state that all trials must be held in person, cause my bio mother to be unable to stay in Hawaii, USA long enough and she did not have enough money, to fight the case for my brother and I's custody.

My bio father remarried a local Hawaiian Family Court Lawyer who is well known in the community and extremely like by most of the judges. Since my bio father under the advise of his wife refuses to allow my permanent residence to be anywhere else other than in the Hawaii, USA my bio mother was never able to fight the case, although my bio mother did entertain the idea to return to Hawaii, USA to fight the case, but she was given legal advise from a retired lawyer friend not to because my bio father's wife would be able to postpone the hearing past my bio mothers visitation limit in the States and if my bio father's wife was unsuccessful in that, she would most definately be able to postpone the trial dates long enough so that my bio mother would be unable to afford anything anymore since she would be unable to work in the States.
At the moment I am living in Hawaii at the age of 15 1/2 and I return to visit my mother every summer. Although I know that my father and his wife are not incabable parents, my brother suffered a traumatic childhood because of the life he was forced to lead in Hawaii by my bio father and expecially because of the interference cuased by my bio father's wife. My brother was on anti depressants and was hospitalized neamerous times for depression. He was sent to a foster home at 16 and at the age of 18 he immediately found the fastest route out of Hawaii which for him was to join the marines and relocate elseware in the states, which he did.
Although I have no medical history (because of my unwillingness to allow social workers, counslers, doctors and the such interview me) I am depressed here and I know many people who would back up that claim, and if not that almost everyone I have ever made contact with knows that I am not happy in Hawaii.
Now that I have explained my situation here is what I would like to do about it and I would like and opinion and some help if able before I enlist the proffesional help of a Lawyer (because of my bio father's wife's repuatation here in Hawaii most lawyers do not want to fight her in court, so I would need to enlist the aide of a Lawyer from the main continent of the USA). I believe, although I may be wrong, the most simplistic and the easiest way to win my case would be to argue that I am depressed and unhappy in Hawaii and would like to switch custody to my mother in Quebec, Canada. My other option is to completey emancipate my bio father and ask the courts permission for Sole guardianship of myself. I am capable of showing that I am able to live on my own, pay my own rent, and attend school because I have experience in working in serious jobs since the age of 13.

If anyone can get back to me on this i would greatly appreciate their help in what they advise me to do in my situation.

Well since I haven't seen the other post and a link wasn't provided I am going to respond here.

The best advice that I can give you is to work hard, get your education and save your money so that when you turn 18 you have the means to provide yourself a home wherever you wish to live. You only have 2 1/2 years to go.

[stealth2]

Your problem is that you need a lawyer licensed in HI - and I would bet that you'd be hard-pressed to find one on the mainland. If your mother wants to file for a change in custody, she will HAVE to do it in HI - it's possible that she can have a lawyer represent her at hearings rather than appearing herself. However, it is going to be difficult to get a judge to agree to allow you to move out of the country.

Emancipation is not so easy to get. In most states, your parent or guardian has to consent - if Dad says no, then it's pretty much no. While you might be able to get a judge to override that, you would need a few things. For starters, you'd need to show that you are currently able to support yourself totally - housing (w/o a roommate), food, utilities, health insurance, clothing, school supplies, entertainment, transportation.

I think LDi's correct - the best thing for you to do is hunker down and get through. 2 1/2 years seems like forever, but it will pass relatively quickly. If you're having emotional problems with it all, then I'd urge you to speak with a school counselor - that's what they're there for.