• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

15 yr old refuses not to visit with parent

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

dpacechapman

Junior Member
What is the name of your state (only U.S. law)? California

Father has full physical custody and full legal custody. Mother has limited visitations. Son has a limited choice of friends in his hometown and chose to live in Portland with his older brother who is 30 yrs old. Father gives older brother Temporary Assignment of Guardianship over to older brother. 15 yr old now has hundreds of friends … his support system. 15 yr old is in high school and is motivated to complete his education. 15 yr old is afraid that mother is going to ruin what he has going for himself. Minor feels emotionally threatened by mother's behavior. Mother is a prescription addict. She has been evicted three to four times. She is constantly telling him that she is going to die. She has been telling him this since 2000. She says many similar type statements that are upsetting to minor. Every time she communicates with him, he is emotionally disturbed by her choice of topics and demeanor. Consequently, 15 yr old refuses to visit with his mother. 15 yr old states, “as long as she continues to act crazy, I do not want to visit with her … she needs to try and build trust with me….”

Does minor have the right of choice NOT to visit with his mother in this case? If so, what case law is there for support?
 
Last edited:


stealth2

Under the Radar Member
Now THIS is craptastic parenting. Congrats OP.

And who, exactly, is "we"?

(btw - they don't like "bite me" on this board. Trust me on that!)
 

dpacechapman

Junior Member
Personally Judgemental and abusive. Not legally germane. I am looking for case law. That is why I posted the Question. Obviously, you both are bias and lack objectivity to the issue. I am sorry that I signed up with this site. It is obvious that you are not legal minds. If you are, you should not be.
 

stealth2

Under the Radar Member
15 yr old refuses not to visit with parent
BTW - it helps to understand what you actually wrote. Your topic heading states that your child DOES visit his Mom, and refuses to not do so.

And no, he does not have the right to choose not to see her, if there is a court order stating that he shall. Your decision to support his recalcitrance would likely be viewed as contempt of the order. Which could land kiddo living with Mom.

What do you do when the kid decides he doesn't want to go to school? Or the doctor? Or dentist? Is he allowed all of those choices, as well? Oh wait - you've already abdicated parenting to someone else. Nice.
 

LdiJ

Senior Member
BTW - it helps to understand what you actually wrote. Your topic heading states that your child DOES visit his Mom, and refuses to not do so.

And no, he does not have the right to choose not to see her, if there is a court order stating that he shall. Your decision to support his recalcitrance would likely be viewed as contempt of the order. Which could land kiddo living with Mom.

What do you do when the kid decides he doesn't want to go to school? Or the doctor? Or dentist? Is he allowed all of those choices, as well? Oh wait - you've already abdicated parenting to someone else. Nice.
Right.....so dad, tell us exactly what the court order says regarding visitation for mom.
 

CJane

Senior Member
Are we sure this is even dad? My impression is that it is the older brother.
Oh, see, I thought it was the 15 year old trying to SOUND like a grown-up.

Anyway, it's true that the 15 year old CAN choose to live wherever he wants and choose to visit or not w/his Mother. As long as he's willing to face each and every consequence for those actions including being forced by the courts to LIVE WITH HIS MOM or return to his father's home - the whole 'limited choice of friends' not really being a consideration the courts give a rat's patootie about.
 

cyjeff

Senior Member
15 year old is spoiled.

Mom, for all her warts, is mom. Mom may decide that brother no longer gets to have guardianship.

Judge awards full custody to Mom. 15 year old gets to live with mom. Even if his friends are "limited" and it isn't as much fun as living with an older brother in another city.

Older brother is not a parent. Older brother really doesn't have much of a say in this.

Dad has abandoned the child. Dad really won't have very much say in this except to take his medicine from the judge.

15 year old better get over his damn self.

Why are we all talking in the third person?
 

cyjeff

Senior Member
Oh, see, I thought it was the 15 year old trying to SOUND like a grown-up.

Anyway, it's true that the 15 year old CAN choose to live wherever he wants and choose to visit or not w/his Mother. As long as he's willing to face each and every consequence for those actions including being forced by the courts to LIVE WITH HIS MOM or return to his father's home - the whole 'limited choice of friends' not really being a consideration the courts give a rat's patootie about.
Please state the statutes or case law that gives a 15 year old child the legal right to choose where he/she lives and can choose whether or not to be associated with his/her parents.

Thanks.
 

cyjeff

Senior Member
Personally Judgemental and abusive. Not legally germane. I am looking for case law. That is why I posted the Question. Obviously, you both are bias and lack objectivity to the issue. I am sorry that I signed up with this site. It is obvious that you are not legal minds. If you are, you should not be.
There is no case law that allows a 15 year old to make any decisions about his relationship with his parents except that they do what they tell him to do.

Except in cases of abuse (which this doesn't even approach), he gets to act like the child he is.

You better get over yourself. If you think WE are rough, wait until a judge get a hold of this situation.
 

CJane

Senior Member
Please state the statutes or case law that gives a 15 year old child the legal right to choose where he/she lives and can choose whether or not to be associated with his/her parents.

Thanks.
Check your reading comprehension skills, k?

FATHER has NOT abandoned the child. FATHER has signed guardianship over to SIBLING. That is NOT abandonment. It might not be BINDING, but it is IN NO WAY abandonment.

The Child ABSOLUTELY CAN CHOOSE where he's going to live - he has the PHYSICAL ABILITY to make those choices. In so doing. 15 year old should be ready to accept the consequences of his choices INCLUDING (but certainly not limited to) court action on Mom's part.

HOWEVER, if Mom - for whatever reason - chooses NOT to initiate court action, there will be no LEGAL consequences for the child. LEGALLY, this will only be an issue if/when MOM decides to make it one.

Where was I unclear?
 

cyjeff

Senior Member
Check your reading comprehension skills, k?

FATHER has NOT abandoned the child. FATHER has signed guardianship over to SIBLING. That is NOT abandonment. It might not be BINDING, but it is IN NO WAY abandonment.

The Child ABSOLUTELY CAN CHOOSE where he's going to live - he has the PHYSICAL ABILITY to make those choices. In so doing. 15 year old should be ready to accept the consequences of his choices INCLUDING (but certainly not limited to) court action on Mom's part.

HOWEVER, if Mom - for whatever reason - chooses NOT to initiate court action, there will be no LEGAL consequences for the child. LEGALLY, this will only be an issue if/when MOM decides to make it one.

Where was I unclear?
Please state the statutes or case law that gives a 15 year old child the legal right to choose where he/she lives and can choose whether or not to be associated with his/her parents.

Thanks.
 

CJane

Senior Member
Please state the statutes or case law that gives a 15 year old child the legal right to choose where he/she lives and can choose whether or not to be associated with his/her parents.

Thanks.
Want me to also post statutes or case law that state people can CHOOSE to speed in their cars? Or CHOOSE to deal drugs w/in 100ft of a school? Or CHOOSE to beat the crap out of some random homeless guy and upload the video to youtube?

This is ONLY going to become a LEGAL ISSUE if MOM CHOOSES TO MAKE IT SO. As of right this very second, it does not appear to BE a legal issue as it does not appear that MOM has filed anything. Therefore RIGHT THIS SECOND, the child CAN CHOOSE and IS IN FACT currently CHOOSING where to live.
 
Last edited by a moderator:
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top