i'm 15 and i need help about child custody battles between my parents

[itrainsinmyhead]

What is the name of your state? California

My parents have been divorced since i was 9, i am now almost 16. A few months ago my father told me he and my step-mom smoked weed and told me he knew i had and he would rather me smoke it with them then anyone else. I smoked with him 2 times before my mom read my diary and found out. She then took my brothers and i away from seeing him with out supervision. i want to move in with my dad now, but not because he smokes; i've learned my lesson and quit. I want to move in with him because i don't get along with my mom any more. The custody battle has begun and now i have 2 questions that i need help with because my parents are telling me 2 different things.

1. Can a child decide what parent to live with once they are 14 if that parent can provide properly for them?

2. Can a minor be audio taped while being questioned by a detective with out their consent?

I asked the second question because i was talked to by a detective about my dad smoking with me and i just now found out that they taped me. Thank you for all your help, and please don't lecture me about any of my choises, i've gotten enough of that. Again, thank you.

 

[dncr]

I'm not a lawyer, but I understand that some states will listen to teenage children and take their requests into consideration. However, I doubt the court will let you go with your potsmoking dad over your mom just because you don't get along with her. If there's some compelling reason why he would provide a better home that she does, you might have a chance. Generally, courts don't like putting children into homes with illegal drugs.

 

[Grace_Adler]

I'm not a lawyer or cop but I'd bet 10 to 1 that what he did was illegal as hell!! (the detective) You should have had a parent present since you are a minor and you have the right to be represented by counsel. I've seen so many cops screw stuff up because they thought they were so smart that it's not even funny

It just goes to show just because someone is in a line of work, has a degree, an education or whatever, it doesn't mean they know what they are doing.

Well in this case maybe he did and thought he could get away with it.

 

[kidoday]

Pot smoking dad can lie and say he never told you those things and you made them up. Who has proof you smoked with dad?

And Mr. STOP SMOKING!!!! Although dad still may, and it is his decision to do so, nothing good will come of it.

IAAL will let you know the legalities of taping a minor. However, since you are a minor, your mother may have given consent for you.

Make sure you want to live with dad for all the right reasons. Mom may be hard to deal with, but look at both sides. The grass is not always greener on the other side. Choose your side wisely.