Is it possible for a child to appeal his mother's custody if she is not a good parent? 24 Answers as of May 30, 2013

If my mom has full custody and is known not to be a good parent, can the 14 year old appeal to judge for himself to legally live with his grandmother?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Ask the grandmother to go to court and help you.
Answer Applies to: California
Replied: 1/9/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
No. The child is too young. But the child could ask the other parent to tell the judge the minor wants to state his or her preference. Or, the minor could ask his grandparents to file a guardianship petition to take custody from mother.
Answer Applies to: California
Replied: 1/6/2012
Neighborhood Law Office, P.C.
Neighborhood Law Office, P.C. | Jim Underhill
Let's assume you are the 14 year old. First, go see your school counselor and explain the problems and what you are thinking about. Your perspective may not be the same as others, and it will help you analyze your situation if you get feedback from a neutral party. You can also, if the "not good parenting" includes abuse, drug use, failure to feed and care for you, and those kinds of things, call the Department of Family Services and ask for help. They will send an investigator to talk with you and let you know what can be done.
Answer Applies to: Colorado
Replied: 1/6/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
No.
Answer Applies to: Georgia
Replied: 5/30/2013
Ezim Law Firm | Dean Esposito
No, the child is a minor and not capable of suing or being sued. If the child wants to live with grandmother, then grandmother can file for custody and the child can testify at trial and explain why grandmother should be awarded custody over the mother.
Answer Applies to: Louisiana
Replied: 1/6/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    A 14 year old has the right to pick what PARENT he or she wishes to live with, so long as it is not shown that the child's best interests would be harmed by that choice. Grandparental custody an visitation matters, however, are completely different. The grandparent would need to bring a petition for visitation, custody, or guardianship in her own name.
    Answer Applies to: Georgia
    Replied: 1/5/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Wow. I am sorry for your situation. There are several options. You may ask the court to emancipate you so that you can live with your grandparents. But that would prevent any child support from your mother to the grandparents. You may contact your local child and family services office and seek help. They may remove you from the home and place you with someone else (hopefully your grandparents). Your grandmother can seek custody in court. There may be other options. Please check with the legal aid society near you.
    Answer Applies to: Ohio
    Replied: 1/5/2012
    Law Offices of Frances Headley | Frances Headley
    A child can not bring an action by themselves, an adult must act for them. Your grandmother may be able to bring an action, she and you should consult a family law attorney.
    Answer Applies to: California
    Replied: 1/5/2012
    Law Office of William C. Wood, LLC | William C. Wood
    In Maryland, at the age of 16, a child may petition the court regarding custody and/or visitation.
    Answer Applies to: Maryland
    Replied: 1/5/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    Depends on what your definition of a "good parent". The law considers many factors, but in essence if mother is providing food, shelter and your daughter is healthy then she's doing her job. Also, children don't decide where they live. They have a voice but not a vote as to where they live.
    Answer Applies to: Wisconsin
    Replied: 1/5/2012
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    A child does not ordinarily have standing to file on their own behalf, with the exception of certain juvenile court matters. For example, if child protective services were involved due to the mother's neglect or abuse, the child would be appointed their own attorney. The grandmother, on the other hand, may have standing to file for custody depending upon the circumstances of the case.
    Answer Applies to: Louisiana
    Replied: 1/5/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    A child does not have standing in a custody issue because he i not a party to the action. However, the other parent can ask the court to listen to the wishes of the 14 year old and make a decision regarding the best interests of the child.
    Answer Applies to: California
    Replied: 1/5/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences is a factor for the judge to consider. Speak with an attorney or your father's attorney for advice on how to get heard by the judge ASAP. Often their is appointed a Child and Family Investigator that you may speak with or a Parenting Coordinator.
    Answer Applies to: Colorado
    Replied: 1/5/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It is legally possible in Colorado, but most judges are reluctant to speak directly with children about custody issues. The judge's responsibility is to determine what is best for the child and the child's opinion is only one piece of the larger puzzle. Similarly, that decision is NOT based on deciding whether a parent is "good" or "bad" at parenting (especially a child's opinion) since "bad parenting" (for custody determinations between a parent and a non-parent) generally means behavior that is harmful to the child - not simply "not as good as grandma".
    Answer Applies to: Colorado
    Replied: 1/5/2012
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    The grandmother can ask for custody and let the judge know that it is the child's wishes.
    Answer Applies to: Arizona
    Replied: 1/5/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No, but perhaps your grandmother could file a petition to be appointed as your legal guardian. If your Mother is so bad, why hasn't child protective services been called to investigate.
    Answer Applies to: Michigan
    Replied: 1/5/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The child is not a party to the proceeding. He/she would have to join. However, he or she is"incompetent" because he or she is a minor He or she would have to have a guardian ad litem to do so. Does the child have thousands of dollars to hire the GAL? The child probably should leave adult matters to the adults.
    Answer Applies to: Washington
    Replied: 1/5/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    Grandmother would have to initiate court filing. The judge may listen to and consider the wishes of the 14 year old, but is required to rule in the best interest of the child, regardless.
    Answer Applies to: Missouri
    Replied: 1/5/2012
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    No. If the grandparent has concerns about the Mother's current fitness, the grandparent can petition the court for guardianship, however, the grandparent has to prove that the Mother is not currently fit to care for the minor child.
    Answer Applies to: Massachusetts
    Replied: 1/5/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Grandmother would need to address the issue by working out a guardianship agreement or requesting custody.
    Answer Applies to: California
    Replied: 1/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. A child is not a party to the action. Only a parent or a person who seeks custody pursuant to Minnesota Statutes may file an action.
    Answer Applies to: Minnesota
    Replied: 1/5/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    The grandmother can ask the court, by filing a Motion (written request).
    Answer Applies to: New Jersey
    Replied: 1/5/2012
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