QUESTION
How can a father get full custody of his daughter?
Asked on Oct 10th, 2011 on Child Custody - Colorado
More details to this question:
My 16 year old is being mentally abused and neglected. They force her to sleep in their walk-in closet on the floor. She is very unhappy with her mother and wants to move in with her father. However, her father lives in a different state from where she is currently located and from where the divorce happened. What are the chances of getting child custody?
10 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It depends on many factors.
Answered on Jul 08th, 2013 at 8:27 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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He can petition the court in the county where the minor resides for custody. He can use the evidence you cited to persuade the court to grant him custody. The minor is 16, so she should be able to testify about her living conditions.
Answered on Nov 04th, 2011 at 1:57 PM
By "her father" I assume you mean yourself? Your question is unclear as to where you live and where the child is. If you are not in Nevada, you need advice from an attorney in your state. If you are in Nevada, you need to apply for full custody based upon the best interests of the child. If the child is not in Nevada, there will almost certainly not be jurisdiction here to hear the case. If the child has lived in Nevada for more than 6 months, the courts here will excercise jurisdiction over her custody.
Answered on Nov 02nd, 2011 at 2:52 PM
I assume that there is already a parenting plan in place. If so, then, you will have to file and prosecute to a conclusion a parenting plan modification is you are to have any hope of moving your daughter from one household to the other. These types of actions can be complex and technical. Therefore, you will probably be better off hiring an attorney to work with you on this case.
Answered on Oct 21st, 2011 at 2:40 PM
Criminal Defense Attorney serving Quincy, MA
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Law Firm of Neil M. Kerstein
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In considering a change of custody, the court would consider the mother's circumstances, the father's circumstances and the best interests of the child. Since the child is also 16 years of age, the court may also consider the wishes of the child. I suggest to consult an attorney at your earliest convenience.
Answered on Oct 21st, 2011 at 1:23 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Excellent. I find it hard to believe that a court would find that forcing a child to sleep in a closet represents the best interest of the child. Moreover, the courts give greater weight to children's preferences when they are as old as your daughter. Contact the Division of Youth and Family Services. This may be deemed abuse and neglect warranting the Division to determine if the non-custodial parent can provide a safe environment.
Answered on Oct 21st, 2011 at 12:24 PM
I do recommend you speak with an attorney in the state where the orders were entered to discuss your options and decide what you can do.
Answered on Oct 21st, 2011 at 12:37 AM
Glen Edward Ashman
No one can predict odds, but he needs a lawyer.
Answered on Oct 20th, 2011 at 11:29 PM
Steven D. Dunnings
You can call protective services.
Answered on Oct 20th, 2011 at 10:26 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is impossible to give you a realistic answer on such limited information and you will never know for sure until you actually ask a court to modify the current court order. While a 16 year old's preference will be considered, it is not a controlling factor and the judge will evaluate the overall situation to determine what is best for the child. You might want to contact the Child & Family Protective Services department for possible investigation of the abuse you perceive is happening - especially since you are apparently in a different state.
Answered on Oct 20th, 2011 at 5:39 PM