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i want to live with my mother

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all4vina

Guest
missouri

Let me tell you my situation.... I'm 16 years old and wont be 17 tell october 31, Well my dad got custody of me when i was 14 yrs old. I'm now 16 and my dad still has custody but I live with my grandparents. My 15 year old sister and I came to live with my grandparnets 3 months ago when my stepmom accussed us of trying to poison her. Ever since I've lived with my dad there had been nothing but problems and I was glad to get out, but I don't want to live with my grandparents because its not really a "stable enviornment." My grandfather has his own business so theres different people coming in and out all the time plus two of my uncles stay here, one is mentally slow and the other is a recovering meth user. I told my dad that I wanted to move back in with my mother but he wont let me. I told him that when I turned 17 I could legally move out and he told me that he talked to his lawyer and he said that if I were to move out I'd I have to live completely on my own. Is this true or is he lying? Can I go live with my mom and that be legal, and she wont be breaking the law? Or could I move in with close friends of the family?
 


ktarra617

Member
First off your mom would need to petition for custody of you, if she wanted to keep you legally. As long as the custody papers say that your dad has custody of you then he can come get you at any point and force you to return with him or your mom can get into trouble..

Now being almost 17 you can voice your opinion in court and the judge can take that opinion into consideration....

As far as what your dad says that you HAVE to live on your own and that you can't live with your mom. That's bs. He's telling you that you have to get yourself emancipated and if that's what you want to do that's fine because then you can tell him to shove it and you can live with whomever you want...

However if you want to live with your mom now she will have to file for custody of you.....until then Dad calls the shots....

but your mom needs to do this, the only thing you can do is file to have yourself emancipated, which you will find very few attorneys willing to do that for you. Because you are not a legal adult and therefore cannot enter into contracts....Your mom would have to help you on this one....


good luck....
 
L

Lil Miss Smarty Panties

Guest
What were the circumstances of your dad getting custody of you and your sister away from mom?
 
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OnlyOneVoice

Guest
I've seen many a beligerant teen tell a parent where to get off and no one ever make a move to stop it.

I seriously doubt that if her dad showed up to get her and she refused to leave that the police would intervene in any way.

Also any petition for violating a court order probably wouldn't hold water since the girl is 16 and "wants to live" with her mother.

If you pack your stuff and move it to your mom's, your dad may make attempts but I doubt he will get very far especially since he moved you in with the grandparents.

I believe another person told me regarding my step-nephew that he has pretty muce abdicated parental control which makes his position weaker.
 

ktarra617

Member
ok maybe I should rephrase my comments, dad can show up and demand that the child return with him, however given the fact that the young lady is 16, he would have to forcibly place her in the car and it is doubtful he could or would do that.

The police will not get involved either way.

Mom can only get into trouble with the court if dad pushes it that far, and regardless of her being 16 and wanting to live with mom will not have much weight if the judge decides mom should have done everything she could to force the young lady to return with her father. Mom can still be held accountable...

The young lady can up and leave and mom can file for custody based on that the young lady moved in with her and wishes to remain there but she better do the filing pretty damn quick after the yound lady returns to her home or dad may get his contempt charges in first...

best thing is mom needs an attorney....
 
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all4vina

Guest
Someone asked how my dad got custody........well lets see, when I was in the 4th grade my mom sent me to live with my dad to finish off the school year and to stay for the summer because my older sister (who dose'nt belong to my father) ran away with her boyfriend. When the start 5th grade year came around my dad had me enrolled in sports and I decided to stay up here, by this time I moved in with my grandma...then a year later I moved back in with my dad. Thats when my stepmom started treating me like crap...she'd throw a fit if my dad had to give me a ride to my basketball game, make me do my own laundry (which isn't a problem but she would do everyone elses), and she was always trying to come up with small reasons for me to get in trouble (like crossing the highway). I know these are minors things but it progressively got worse as I became more aware. I discovered they smoked weed and I had said something about it and my dads response was, "if you think Angie (my stepmom) is a bitch now you should see her when she's not smoking weed." By 7th grade I got fed up with getting treated like sloppy seconds, and I called my mom and told her to get me...and I moved out with one month of school left in the year. Around christmas of my 8th grade year my dad took my mom to court for custody. At this time my moms on disability and shes not making any money and she can't afford a lawyer so she represents herself (bad idea). The whole side of my dads family shows up and bad mouths my mom saying we all have one big happy family (lie, they all hate my stepmom) well the only people my mom has at the hearing is me and my younger sister (my mom lives in springfield)....She asked for a guardian adlietum(sp) but the judge says he can talk to us himself (lie, never talked to us, we had to sit outside and listen threw the door) So it went terribly wrong...Well one day sitting at home(at my moms) my dad shows up,i didnt look through the peep hole so it totally freaked me out, when i opened the door. I was alone cuz my mom went to work (cleaning semi-trucks) and my dad tried to make me leave with him right there with out saying good bye. I protested and cried I told him I'd have my mom bring me back. I told my mom and she refused to take me cuz she knew I didn't want to go back and we tried to talk to the judge but he ignored us. So I had to go back...As soon as I got back I was grounded for a month and couldn't go down stairs with the rest of the family because it was a room for the family and I wasn't a part of the family.Things never got beter (like my dad had promised) but I never said much about it and they put me on antidepressants. Things gradually got worse and thats when my stepmom accused my sister and I of trying to poison her, so we've been living at my grandmothers for 3months now... and thats how it goes. Theres lots of stories I could tell you about my wicked stepmother but I've already wrote too much. If you like to hear one I've got plenty for proof.....
 

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