When I was 9, I moved in with my dad instead of my mom. He has lied to me and said he has full custody, but I still get to see my mom every other weekend. I’ve been unhappy in my living situation for the last 2 years and recently decided I wanted to move in with my mom. When I told my dad he said I legally couldn’t leave and would call the cops on me and my mom if I tried. Can I legally leave my dads if I would much rather stay with my mom? (She still has custody, and I see her on every other weekend and holidays)
"Can a 15 year old choose which parent to live with if it’s joint custody?" Anybody of any age can choose. The actual question is whether the person can carry out the person's choice.
Legally, being a minor, you live where the court has ordered that you live.
The statutes in WA do provide that the courts may consider the residential preference of a child. However, the court has no legal duty to give the child's opinion any consideration.
What your mother can do is ask the court to change the parenting plan for you.
Your mother will need to convince the court that there is a substantial change in your situation and that changing your placement is in your best interest.
To get the court to listen to your opinion, your mother likely needs to ask the court to appoint a guardian ad litem for you or to have a mental health counselor talk with you. Some professional will need to talk with you and come to a conclusion that living with your mother is best for you.
Your mother can review the specific facts with her attorney to find out her legal options.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline