My 21 year old sister and I have a tremendously selfish mother. She sees me and my sister and our children as cash cows. This summer has been the straw that has broken the camel's back. I want to leave before school starts to live with my father. He and my mother have joint custody, so can I go to his house without her written permission?
Frank Emilio MartinezImmigration AttorneyAtlanta, GA ·
It will all depend on what the custody order reads. You, nor your parents, can act outside of that order, without going to court for a modification.
As a 17 year old, a judge is likely to take your observations and desire into account, amongst other things. You level of maturity and how you communicate will make an impression.
Your dad may want to sit down with an experienced attorney to determine the pros and cons of moving in such a direction.
A 17 year old child has the right to express his choice of which parent he wishes to live with. However, that can only be done when a petition for change of custody is filed with the court. It is not as simple as just packing your bags and leaving. You need to talk to your dad, and he needs to contact an experienced custody attorney to determine if it is feasible to file such a petition. That will depend upon how close you are to your 18th birthday, how close to graduation from high school, and the likelihood that your mom will contest it.
Only if the custody paperwork says you can. If you and your father ignore that paperwork, he can be found in contempt of court and even go to jail. There is nothing you can initiate to change this. And while he can file to change custody, absent an agreement, that makes little sense, as a court may never finish the case before you turn 18.
Ikemesit Amajak EyoFamily Law AttorneyAlpharetta, GA ·
Though your parents have joint custody, it is most likely that one of them is listed as the primary custodian. If that is your mother, you can only avoid getting her permission to move by your father filing a request to modify custody. Due to your age, your election would be a primary factor in deciding whether to grant your father's petition. However, because of how close you are to age 18 (when you'll no longer be a minor), it may be a better decision for you to just wait.
You should ask your father to contact a family law attorney to help decide if and how to proceed.
I hope this answers your question.
~ Kem Eyo
It's up to your father to get the legal ball rolling. If he files a change of custody action, being17, you have the right to elect who you want to live with, and although a judge doesn't have to decide your way, your desire must be taken into consideration.
