ANSWERS: 4
  • Ask your mom to check with a California attorney, because in SOME parts of the USA, a child can make that decision at age 14. +5
  • I would think you should be able to choose now. Why don't you want to live with your dad? +4
  • I recommend you go to the Lawyers in the Libray event. Tell them your situation and get some legal advise. It is free and you will know you are doing the correct thing. Call your library or go on line and see when they will give their next consulations. It is a 15 minute FREE session.
  • If your mom is in agreement with you, she can file an "Order to show cause, re; Custody and Visitation" in Family court. You do not need a lawyer, it can be done "Pro Per". She can rquest a packet at the clerks office. The paper work is not difficult and is self explainitory. She would probably have to make an appointment with the Family Law practitioner at the court before filing the order. She will be given a court date and a Proof of Service document which she will have to file within two weeks of the court date. Your father will be required to show up for the court date. She would request Mediation at the hearing, that would most likely take place that same day. The mediators would talk to you and make a recomendation to the Judge. If you have compelling evidence or testimony the Judge would give credence to your wishes. You should know that the court always considers what is in the childs best interest and encourages the participation of Both parents. Your father has a right to visitation and unless he is dangerous, neglectfull or has some other circumstance that makes it harmful to you, he will probably be able to contine with the existing court ordered visitation. Good Luck to you all...best wishes

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