Full question:
My granddaughter is 13 yrs. old and is being verbally abused by her mentally ill mother. At what age can she choose which parent to live with in Minnesota. My son (her father) is living with us and my granddaughter stays here part time and stays with her mother part time. She's recently been saying 'I don't want to go home to my mother'. Her mother is calling her a whore, a bitch, saying she is stupid and no one likes her. I know this is a very impressionable age and fear for my granddaughter's well being. We've been to court and the guardian ad litem thought it ok for my granddaughter to live part time with each parent even though the courts knew the mother had a history of mental illness since the age of nine. .
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Minnesota
Answer:
A child in Minnesota does not have the legal right to choose which parent to live with until they are emancipated. Emancipation occurs when a minor gains independence from their parents, often through marriage, military service, or a court order. A minor typically cannot be considered emancipated if they are living with relatives and not fully self-supporting.
In Minnesota, a child who is fourteen or older can object to a guardian's appointment by filing a written objection in court (Minn. Stat. § 524.5-203). However, this does not grant them the right to choose their living situation. The court primarily considers the child's best interests and maturity level when making custody decisions.
If your granddaughter expresses a desire not to return to her mother due to verbal abuse, it may be important to consult with a family law attorney to explore options for her safety and well-being.
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.