Kids Stuck In Divorce - Question If This Is Right

Question

One Of My Friends Has Divorced Parents And They Went To Court Without Her, Her Mom Is Now Her Legal Guardian And There's Apparently Nothing She Can Do About It. Nobody Talked To Her To Ask What She Wants. She Hates Living With Her Mom And Wants To Live With Her Dad. Is Her Mom Telling Her Lies That She Can't Have Any Say In It Or Is She Screwed Over??

Answer 1

So sad when especially younger children have to deal with those problem.

Answer 2

If she is old enough she definitely has a say in it. I dont know what the laws are in your state but speak to an attorney...it happened to me bro...my kids are with me right now. My oldest is 11 and my soon to be ex said that he will get to chose soon according to her attorney...I just dont know what the age is when they question it. Thankfully he still wants to be with me anyway

Answer 3

It depends on her age, the state she lives in, and her parents.

I wish your friend the best of luck

Answer 4

I'm not sure about all states but, where I live, at 14 the child can decide which parent they choose to live with.

Her mom probably just wants the support check.

Answer 5

Children of divorce usually around the ages of 14-15, have more of a say of where they want to live, the judge can talk with them and they share their feelings with the judge. the parents need to file a motion for change of custody first before this can happen.

Answer 6

Even if she is old enough that the judge would allow her to testify to HER wishes, the courts do not have to go by them. For the record, MOST of the time, a child would rather live with the parent that is more lenient, so it often is better to be with the one they don;t want.

Answer 7

It actually depends on her age. Children don't usually go to court when divorces are being heard. Evidently, your friends custody was decided on by both her mother and father or the judge. If there is a problem about custody, she should talk to her mother about living with her father. There may be some reason that she can't live with her father or maybe her father can't take care of her right now. Usually custody is decided on by who can best care for the child, not necessarily where the child wants to live. Tell your friend to make the best of it.Also tell her good luck.

Answer 8

From a lawyer.  Yeah, that's about right.  The only thing to be done now is that the father could file for a custody modification and call the kids to testify or get a child psychologist to speak to the children before court and he could have the psychologist testify as to what the children want.  Best wishes.

Answer 9

She never has complete control, she does have a voice in most states after she's 14, the judge has the ultimate say, unless parents can compromise.

Answer 10

The law MAY BE DIFFERENT in Ontario.  In the US, mom would be completely correct.  Judges can (if they choose) talk to the child, but they still have the final authority to make the decision.  

Is this right?  Yes, actually it is.  Just for example.. if dad is an alcoholic, and mom takes good care of the child (including making rules which are for the protection of the child, even when the child does not "like" it).. then the judge is going to go with the mom.  If you think hard about it.. MANY kids who are teens are going to like the "easiest" parent, instead of the one who watches out for the child's safety.  

Unless Ontario is different in law.. kids do not have authority, and do not have to go to court.