QUESTION
Can my 12 year old granddaughter choose to live with me if she doesn't want to live with either parent?
Asked on Apr 17th, 2014 on Child Custody - New York
More details to this question:
Her father which is my son has custody. Her mother has visitation rights.
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No, 12 year olds don't make these decisions because they are children. It doesn't sound like there are any persuasive reasons why this should happen other than the whim of a kid. If there are actual reasons, e.g. Dad is an alcoholic or is abusive to her, then you can go to court on a third party custody action in which you will have to allege that neither parent is a fit parent. If you can't do that, the kid stays put.
Answered on Apr 17th, 2014 at 6:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Certainly her 12-year-old granddaughter might have a preference, but without the agreement of her parents, and preferably an order of the court reflecting the agreement. Generally 12-year old do not pick their residence, and if they are allowed to do and can quickly come to the point where they are controlling the entirety of the relationship and the inmates are running the asylum.
Answered on Apr 17th, 2014 at 6:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No. Only the parents can allow that. Or you have to go to court and prove that the parents cannot provide a stable and safe home.
Answered on Apr 17th, 2014 at 6:14 PM
Bruce Provda
No, the choice is not hers to make.
Answered on Apr 17th, 2014 at 6:13 PM