QUESTION
Is it possible for a child to appeal his mother's custody if she is not a good parent?
Asked on Jan 01st, 2012 on Child Custody - Massachusetts
More details to this question:
If my mom has full custody and is known not to be a good parent, can the 14 year old appeal to judge for himself to legally live with his grandmother?
13 ANSWERS
Glen Edward Ashman
No.
Answered on May 30th, 2013 at 10:22 PM
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No, the child is a minor and not capable of suing or being sued. If the child wants to live with grandmother, then grandmother can file for custody and the child can testify at trial and explain why grandmother should be awarded custody over the mother.
Answered on Jan 06th, 2012 at 8:33 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Wow. I am sorry for your situation. There are several options. You may ask the court to emancipate you so that you can live with your grandparents. But that would prevent any child support from your mother to the grandparents. You may contact your local child and family services office and seek help. They may remove you from the home and place you with someone else (hopefully your grandparents). Your grandmother can seek custody in court. There may be other options. Please check with the legal aid society near you.
Answered on Jan 05th, 2012 at 4:41 PM
A child can not bring an action by themselves, an adult must act for them. Your grandmother may be able to bring an action, she and you should consult a family law attorney.
Answered on Jan 05th, 2012 at 11:08 AM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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In Maryland, at the age of 16, a child may petition the court regarding custody and/or visitation.
Answered on Jan 05th, 2012 at 11:04 AM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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Depends on what your definition of a "good parent". The law considers many factors, but in essence if mother is providing food, shelter and your daughter is healthy then she's doing her job. Also, children don't decide where they live. They have a voice but not a vote as to where they live.
Answered on Jan 05th, 2012 at 10:52 AM
A child does not have standing in a custody issue because he i not a party to the action. However, the other parent can ask the court to listen to the wishes of the 14 year old and make a decision regarding the best interests of the child.
Answered on Jan 05th, 2012 at 10:44 AM
4 Awards
A child does not ordinarily have standing to file on their own behalf, with the exception of certain juvenile court matters. For example, if child protective services were involved due to the mother's neglect or abuse, the child would be appointed their own attorney. The grandmother, on the other hand, may have standing to file for custody depending upon the circumstances of the case.
Answered on Jan 05th, 2012 at 10:38 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is legally possible in Colorado, but most judges are reluctant to speak directly with children about custody issues. The judge's responsibility is to determine what is best for the child and the child's opinion is only one piece of the larger puzzle. Similarly, that decision is NOT based on deciding whether a parent is "good" or "bad" at parenting (especially a child's opinion) since "bad parenting" (for custody determinations between a parent and a non-parent) generally means behavior that is harmful to the child - not simply "not as good as grandma".
Answered on Jan 05th, 2012 at 10:34 AM
Steven D. Dunnings
No, but perhaps your grandmother could file a petition to be appointed as your legal guardian. If your Mother is so bad, why hasn't child protective services been called to investigate.
Answered on Jan 05th, 2012 at 10:24 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The child is not a party to the proceeding. He/she would have to join. However, he or she is"incompetent" because he or she is a minor He or she would have to have a guardian ad litem to do so. Does the child have thousands of dollars to hire the GAL? The child probably should leave adult matters to the adults.
Answered on Jan 05th, 2012 at 1:06 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Grandmother would need to address the issue by working out a guardianship agreement or requesting custody.
Answered on Jan 05th, 2012 at 1:04 AM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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No. If the grandparent has concerns about the Mother's current fitness, the grandparent can petition the court for guardianship, however, the grandparent has to prove that the Mother is not currently fit to care for the minor child.
Answered on Jan 05th, 2012 at 1:01 AM