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Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent

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  • 03-07-2015, 07:11 PM
    RFESchulkey
    Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    My question involves a child custody case from the State of: Idaho
    This is a long story, that I am in fact shortening, to get to the point in which the law became involved. My parents were divorced in August of 2014. We lived under one roof, waiting for our house to sell until November of 2014. At that point, my father stopped talking to me, as we had fought the entire time my parents were divorced and we were still living together. Once we had moved, my father neglected me. He would come and pick up my siblings on most weekends, and take them to stay where he lived (with a friend). About a week ago, he moved into an apartment, and picked up his responsibility of 50-50 custody. From the beginning he had 50-50 custody, but never respected the terms. In the beginning, he even had trouble agreeing, and paying custody. After my mother turned him in, he was forced to start paying, but still ignored my very existence. Recently (last week), he moved into an apartment, and took my siblings for the first week. In the transition of my sibling coming home, my younger brother by two years, (he's 13, I'm 15, and my sister is 11) decided he wanted to live with my father. My mother was apposed to this, as my brother has very poor grades, and my dad doesn't pay attention to them. He allows my brother to do as he wishes, and doesn't enforce rules. While he spends time with my mother, she forces him to study, and do homework. She has family that helps him, and is very attentive. If my brother continues to fail, she takes things away. I am an all A's student, so my mother believes, I should be allowed to stay where I thrive, and do well for my education. When we first moved, my father agreed to allow me to stay where I was happiest. When my brother began to object to his living arrangements, my mother came to a decision, that if my brother raised his GPA to a 3.0 average, he could live with my father. With all of this arguing, my father all of a sudden decided, he wanted me to "get to know him" and start living with him every other week. This scares, and upsets me, as he's someone I disrespect and doesn't care for me. He talks negatively about me to my siblings, and his friends. In him making this decision, I talked to him, upset, and agreed to see him every other weekend, for three months. The problem is, he won't give me a guarantee of what happens at the end of three months. My proposal is that at the end of three months, I will get to decide where I live, based off of what makes me happy. He continues to say "We'll see what happens" and refuses to sign anything, promising me freedom after three months. My mother and I have begun looking into emancipation. I'm a very responsible child, who is working on not only my diploma, but my associates degree at the same time. I turn sixteen in October, which is the legal age in which I can be emancipated. I don't know if emancipation is the only option. I know that most opinions will be for my parents to go back to court and change the child custody, but as we were first going through divorce paperwork, everyone, lawyers, mediators, attorneys, all told us that as long as my dad stated that he wanted a part in my life, he would have the opportunity to have one.
  • 03-07-2015, 07:26 PM
    Mercy&Grace
    Re: How Can I Go About Living with Only My Mother, when My Parents Have 50-50 Custody
    Your Dad have every legal right to be a part of your life. It doesn't matter if you like it or not.
  • 03-07-2015, 08:19 PM
    Dogmatique
    Re: How Can I Go About Living with Only My Mother, when My Parents Have 50-50 Custody
    Well, you don't qualify for emancipation. In any state. You stay exactly where your parents decide you stay. End of story.

    That your parents forgot who was actually the parent and who was the child, is lousy parenting. Why you know so much about your parents' custody and child support I will never know.

    What we've got here is failure to communicate.

    What it should be is nothing more complex than them communicating their orders to you, and you do what they say without disrespect, and certainly not according to your wishes.
  • 03-08-2015, 09:26 AM
    stealth2
    Re: How Can I Go About Living with Only My Mother, when My Parents Have 50-50 Custody
    You seem to be under the misconception that you get to decide where you live at your age. You don't. Your Dad is doing you a huge favor by giving you three months to sort your head out. I wouldn't agree to give you a choice after that, either. There is a reason why 18 - not 16 - is the age of majority.
  • 03-08-2015, 01:18 PM
    RFESchulkey
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    What I am asking here is simply how I can best avoid living with my dad. You've all told me I need to suck it up and he's a good person. And quite frankly you don't know him. He's not a good person. He's addicted to sex and porn and sexting. I don't want him to be a part of my life. What is the best way I can get him out of it?
  • 03-08-2015, 03:12 PM
    free9man
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    Quote:

    Quoting RFESchulkey
    View Post
    What is the best way I can get him out of it?

    Turn 18 and tell him you no longer wish to hear from him. Until then, you do what the court order says.
  • 03-08-2015, 03:49 PM
    Mercy&Grace
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    Until you turn 18, you have to do what you're told. You don't have to like it, you just have to do it. I don't believe a word you say about your Dad. It seems that he wants you to obey the rules and you don't want to. Your parents are in control until you're 18. When you turn 18, you can go out on your own and work and support yourself and not take a penny from your parents. Do without all things you have now until you can afford them in addition to paying rent, utilities, food, health insurance, care insurance, car mainatance, provided you can afford a car.
  • 03-08-2015, 05:11 PM
    CourtClerk
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    I'd really like to know how you know so much about what your father is into. Who told you he's addicted to sex and sexting and porn?

    And the simple fact that you believe that you should be able to live "where you're happy" tells us that you aren't nearly mentally ready to deal with being a self sufficient adult. Not to mention, you can't be emancipated and live with your mommy. You can't always do what makes you happy. Most times you have to do what you have to do, even if you don't enjoy it.
  • 03-08-2015, 07:22 PM
    Dogmatique
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    Quote:

    Quoting RFESchulkey
    View Post
    What I am asking here is simply how I can best avoid living with my dad. You've all told me I need to suck it up and he's a good person. And quite frankly you don't know him. He's not a good person. He's addicted to sex and porn and sexting. I don't want him to be a part of my life. What is the best way I can get him out of it?

    Take it to the court, kid.
  • 03-08-2015, 10:02 PM
    RFESchulkey
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    Thanks you @dogmatique and @free9man. As for @mercy&grace youdot have to believe me. Quite frankly I don't care. He's admitted to what he did. He doesn't want to obey rules, he wants to get back at my mom. And for @courtclerk I know that my father did these things because he left them open on his computer. I was getting on after him and he had left his dating page open while still married to my mother. After seeing this, I dug further to find history of porn, and thousands of nude photos saved to his computer, I walked in on him masturbating and used his phone to call someone and found multiple sects with someone he went to high school with. While still married to my mother. And with the happy thing, I just want to stay where I'm succeeding as a teenager, and right now that my mothers house. I want to gradually reconnect with my father, not all at once.
  • 03-08-2015, 10:28 PM
    Dogmatique
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    And none of that changes the law. Or the questionable parenting.
  • 03-09-2015, 11:11 AM
    Mercy&Grace
    Re: Can a Minor Have Joint Physical Custody Modified to Live With Only One Parent
    Porn isn't illegal, unless it is child porn. It wouldn't take but a few minutes for a law enforcement agency to check out your story. It also isn't against the law to have an affair without someone while married to another person. Just because something is morally wrong and/or you don't like it doesn't mean it is against the law or puts children at risk.
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