Im a little worried and just wondering? confused.?

Question

so my best friend says she is moving in with her dad. her and her mom don't get along at all and she is 14 years old. she said her parents had 50/50 custody even though she was always at her moms and only at her dad's every other weekend. She talks like she has the choice to move in with her dad if she chooses and she says shes going to. Her dad filed papers to get full custody of her and give her mom limited visitation. These papers were sent to her mom today and i doubt she will sign them, without taking them to court. there is a little more to the story than that but i guess my question is..based on this, who do you think she will end up with? her mom? or her dad? explain.

thanks!

Answer 1

None of us really know. Her mom could sign (though I doubt she would like you said) and she would go to her dad. If they go to court, the court decides.

Answer 2

OK, just like before, I asked my dad the paralegal who specializes in family law for help.  I can't cut an paste his reply, so any spelling mistakes are mine.  From dad:

Like all legal situations, a lot depends on the state and sometimes the county you live in.  Generally, a child can request the Court to grant the request if he child is age 12 or older.  The Court may also deny the request if the child is "not of sufficient mental competence".  This means that if the child in question is not able to explain the reason for the request to the Court, no matter the age of the child, the Court will likely deny the request.  Also, if it can be proven that the parent the child chooses would pose a threat to the child's welfare, the request would also be denied.  The moving papers your friend's dad file are only a formality.  The case will likely not even reach the Court, as 98% of family law cases filed.  The child in question, your friend, is of sufficient chronological age, and if it is shown that she is indeed competent to make the decision, the Court will likely grant her request if there are no mitigating circumstances present.  The only thing the mother can do is waste the Court's time and delay the inevitable by refusing to sign the papers.  In most states, once filed, a court date will be assigned (called 'setting calendar').  The next step is either the mother signs and files the papers, or she files her own papers to block the request for custody.  In that case, there will be a minimum of 6 weeks for the next court date, and again the child in question will be questioned to determine whether or not she is competent to make the request.  Also, as yor friend is 14, she can also decide for herself if she wishes to have contact with her mother or not, as she has already proven she is competent to make the choice.

>Emily, if you would, please give your friend this message from me: my dad raised me from a baby by himself, and I am so thankful that he did.  Even with all the physiological and emotional problems i have, he never gave up on me.  Make sure you say I LOVE YOU DAD every chance you get.  You'll find out that you can never say it enough.

Answer 3

No one can tell you unless we know the full situation. Based on what you said though, I'm thinking it's going to be a battle!  Unless her mother is un-fit to take care of her, then there is no reason the court would find to remove her. On the other hand, her parents have 50/50 custody and your friend is old enough to decide where she wants to live, mom, or dad's.  I think in the end, where-ever your friend chooses to live, (unless the parent is proven un-fit) then that's where she will probably end up living.

Answer 4

Without knowing the whole story, there is absolutely no way to tell what the judge will decide.