US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can I choose to live with my father if my mother says no?

Can I choose to live with my father if my mother says no?

Full question:

I am a 15 year old boy. My parents were never married and there was never custody decided in court. I have lived with my paternal and faternal grandparents more than I have my mother and step-father. I now would like to live with my blood father and my mother says no. Do I have the right to live with the parent I want to since there was never a custodial decision in court?

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: Idaho

Answer:

A minor does not have the legal right to choose their residence and must follow the custody decisions of their parent or legal guardian until they are emancipated. Since there was no custody arrangement established in court, the situation may be complex. Your grandparents could potentially seek guardianship or petition to terminate parental rights if they believe your mother is unfit. Courts prioritize the child's best interests when making custody decisions.

If your mother has custody, she generally has the authority to decide where you live. However, if your father establishes paternity, he can seek custody or visitation rights. Paternity must be legally recognized for a father to pursue these rights. In many states, when a child is born to an unmarried mother without a custody order, the mother is presumed to have custody.

Unmarried parents have similar rights and responsibilities as married parents, including child support obligations. If you and your father wish to pursue a change in living arrangements, it may be beneficial to consult with an attorney who specializes in family law. They can provide guidance on your specific situation and help navigate the legal process.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I defend myself in child support court?

To defend yourself in child support court, gather all relevant financial documents, including income statements, tax returns, and expenses. Be prepared to demonstrate your financial situation and any changes that may affect your ability to pay or receive support. It can also be beneficial to present evidence of your parenting responsibilities and any agreements made with the other parent. Consulting with a family law attorney can provide guidance tailored to your specific case and help you present your defense effectively.

What not to say in child support court?

In child support court, avoid making negative comments about the other parent, as this can be viewed as uncooperative or harmful to the child's best interests. Don't exaggerate your financial situation or make false claims, as honesty is crucial. Additionally, refrain from discussing personal grievances unrelated to child support, as they may distract from the main issue. Focus on presenting factual information and evidence relevant to your case.

What looks bad in a custody battle?

In a custody battle, factors that can negatively impact your case include failing to cooperate with the other parent, making derogatory comments about them, or attempting to alienate the child from the other parent. Evidence of neglect, substance abuse, or unstable living conditions can also harm your chances. Courts prioritize the child's best interests, so demonstrating a willingness to co-parent and provide a stable environment is crucial.

Can a mother lose custody for parental alienation?

Yes, a mother can lose custody for parental alienation if it is proven that she is intentionally undermining the child's relationship with the other parent. Courts view parental alienation seriously, as it can harm the child's emotional well-being. If evidence shows that a parent is manipulating the child against the other parent, the court may consider this when making custody decisions, potentially leading to a change in custody arrangements.

What not to say in a child custody hearing?

In a child custody hearing, avoid making personal attacks against the other parent or discussing irrelevant personal issues. Do not exaggerate your claims or make false statements, as this can damage your credibility. It's also important not to express anger or frustration inappropriately. Focus on presenting factual, relevant information that supports your case and emphasizes the child's best interests.