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Custody Changes and Child's Preference

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  • 11-23-2011, 04:38 PM
    estar
    Custody Changes and Child's Preference
    My question involves juvenile law in the State of: OR

    I'm 15. I live with my mom and stepdad most of the time but I want to live with my dad. I'm always fighting all the time with my stepdad and it's not real cool to live with him. Is there an age where a judge will consider where the kid wants to live? And do there need to be reasons behind a change in custody other than I want to live with my dad and he wants me?
  • 11-23-2011, 04:44 PM
    Dogmatique
    Re: Custody Changes
    I guess you didn't like the responses on the other forum.

    Let's try again.

    If this was an initial custody determination, your wishes would likely factor in. Since it's not, Dad needs to prove a Change of Circumstance. In your state, your preference does NOT constitute a CoC in and of itself.

    The better high school doesn't matter, your wishes don't matter, and Dad's wishes don't matter.

    IF there is a CoC - and again, I doubt anyone is going to list every single possibility - your wishes would be a factor. But without that CoC the issue is moot.
  • 11-23-2011, 04:57 PM
    estar
    Re: Custody Changes
    I'm allowed to shop around. And no, I don't like the response. To be honest.

    Is there at least somewhere where I can find out about changes of circumstance and what reasons they can be?
  • 11-23-2011, 05:03 PM
    Dogmatique
    Re: Custody Changes
    Google is your friend :)

    But, seeing as it's almost Turkey Day - I'll give you a hint.

    A change in circumstance might entail (the CP here is Mom, just for ease of use):

    Mom moving in with a serial killer/child molester; Mom getting evicted and her and the kids are living out of her car; Mom abusing or neglecting the child/ren.

    There's a very rough guide here

    Please be aware though that again, in your State, your getting older does not constitute a CoC.
  • 11-23-2011, 05:51 PM
    estar
    Re: Custody Changes
    Quote:

    On the other hand, a remarriage may produce financial hardship, or the new spouse may abuse the child, speak disparagingly of the other party, or be of less than reputable character.
    My stepdad speaks disparagingly about my dad all the time. That's one of the things we always fight about.

    Quote:

    Please be aware though that again, in your State, your getting older does not constitute a CoC.
    But it does say that changing needs of a kid as they get older are important doesn't it?

    Isn't it good for a teenage guy to have their dad near?
  • 11-23-2011, 07:06 PM
    aardvarc
    Re: Custody Changes
    Quote:

    Quoting estar
    View Post
    Is there at least somewhere where I can find out about changes of circumstance and what reasons they can be?

    Yes - by consulting a family law attorney who practices in the court that would hear the petition - only such an attorney can give you anything more than a VERY rough idea. Speaking with an attorney experienced in the SPECIFIC court in question and who has a first hand feel for the judges working within that court and that court's history in deciding similar cases can give you anything resembling a SPECIFIC answer.
  • 11-23-2011, 07:11 PM
    Dogmatique
    Re: Custody Changes
    Quote:

    Quoting aardvarc
    View Post
    Yes - by consulting a family law attorney who practices in the court that would hear the petition - only such an attorney can give you anything more than a VERY rough idea. Speaking with an attorney experienced in the SPECIFIC court in question and who has a first hand feel for the judges working within that court and that court's history in deciding similar cases can give you anything resembling a SPECIFIC answer.


    Marcus is still on another forum still trying to make a case for his Dad.

    Frankly Dad has no case.
  • 11-23-2011, 07:22 PM
    cbg
    Re: Custody Changes
    Marcus - when you are 18 you can live wherever you like. Until then, you live where the court says you live.
  • 11-23-2011, 08:53 PM
    aardvarc
    Re: Custody Changes
    Then I figure that he's at the point where he needs to save up his allowance and/or earnings and shell out a few hundred bucks for an hour of time to hear it from someone he might believe. If he doesn't like the free answers, let him learn the hard way and PAY for an answer. Maybe the "no" will sound different.
  • 11-23-2011, 08:54 PM
    Dogmatique
    Re: Custody Changes
    It might sound really cute with a particular sort of Oregon-specific accent, and with it being Thanksgiving and all!
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