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by Autumn on November 6th, 2008

Autumn

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My dad refuses to let me move with my mom. is that legal can he do that if im already 16? amd is it posible to get emancipated but not shut out the whole family? and will the judge even listen to me... and how much would it cost to talk to him?

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Answers. 3 helpful answers below.

  • by Anonymous on November 6th, 2008

    Anonymous

    1) If your dad has custody, then yes, he can tell you what to do. That is what being a custodial parent means.

    2) In many states you can get emancipated (this varies by state), but you would have to be able to prove financial independence. If you need to live with mom, you are not financially independent. Whether or not your family will feel shutout depends on them.

    3) If your mom files for custody, the court will certainly take your wishes into consideration. However, at the end of the day he will decide the case based on what is in your best interest. If your mom currently does not have any custody (and this was involuntary), this is because living with her was not in your best interest.

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  • by Cheery Cherry on November 6th, 2008

    Cheery Cherry

    Well, you don't provide details of why you do not wish to live with your Dad anymore and if your Mom wants you to move in with her. Also, do they have "joint" custody? Your parents would know this. To speak with a judge, your Mother will have to file a form that she can get at Family Court to modify the custody and then the Court will set a date for your parents to appear. That's when you'll be able to speak with the judge and give the judge a reason for why you do not wish to live with your Father anymore. If the judge agrees that your Mother is a fit parent and your reason for leaving your Dad's home is reasonable, you'll have a good chance of moving in with your Mother. In the State of NY, I believe a child can speak with the judge to move in with the other parent at 12 years of age with joint custody.

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  • by Needs some coffee on November 6th, 2008

    Needs some coffee

    In most states, by the time you are 16 you can pick who you want to live with. There are certain situations (if it's unsafe) where this would not apply. Have your mom talk to the courts.

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