Can a Child Change Choice of Custody After Divorce

Ok i am 14 and i live in washington. i chose my dad in after the divorce is there ANY way possible to have my mom get an attorney take it to court and i pick her and she gains legal custody?

PLEASE help

Your mother would have to return to court to file for custody. That doesn't mean it would be granted, however. There needs to be a better reason than you changing your mind.

Have you talked to her about it?

Well basically my father is trying to COMPLETELY control my life... he brain washed me originally to believe him... in reality he cheated on my mother and i just found this out. every time im around him he yells at me and trys to control me... every time i talk to him or am around him he makes me cry... i am miserable. its like mental abuse... and yes i talked to my mother she said i need to talk to her attorney. he BLATANTLY stated he would pick his current girlfriend over me any day. he replaced me treats me like trash and is ruining my life.

In order to have a change in custody, most states require a substantial change in circumstance. Your father being a parent, controlling you (he's supposed to) and/or making you cry is not a change in circumstance.

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Quoting CourtClerk

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In order to have a change in custody, most states require a substantial change in circumstance. Your father being a parent, controlling you (he's supposed to) and/or making you cry is not a change in circumstance.

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the point your missing though is you dont know to what extent i mean by "control" or "mental" abuse... im even to the point were i am afraid of being hurt physically by him...

Well, in the event that he physically abuses you, contact CPS and they will conduct an investigation. If they find abuse in the home, they will take appropriate action. Being "afraid" of being hurt isn't a crime.

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Quoting BioXiM

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the point your missing though is you dont know to what extent i mean by "control" or "mental" abuse... im even to the point were i am afraid of being hurt physically by him...

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OK, we don't know to what extent you mean by control, or mental abuse. Please help us help you by telling us exactly how he controls you and how he mentally abuses you.

Generally a child's preference as to the custodial parent along with other factors can be given weight concerning change of custody--the age of the child often comes into play--the older the child is the more likely the judge will accord some weight to it. Having said that, the court will probe the reasons why the child feels that way--that one parent is controlling or more of a disciplinarian than the other is, for obvious reasons, not sufficient; otherwise, children would dictate who would be the custodial parent anytime they were frustrated with the parent in question.

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Quoting Litigator

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Generally a child's preference as to the custodial parent along with other factors can be given weight concerning change of custody--the age of the child often comes into play--the older the child is the more likely the judge will accord some weight to it. Having said that, the court will probe the reasons why the child feels that way--that one parent is controlling or more of a disciplinarian than the other is, for obvious reasons, not sufficient; otherwise, children would dictate who would be the custodial parent anytime they were frustrated with the parent in question.

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Well... I'm no legal expert but I AM in Oregon and my 14 yr old and 16 yr old chose to live with their father because I am more strict and he is more permissive. There are some other circumstances as well, but the judge presiding over our case completely based his decision on the wishes of my children. I have had no chance to protect the time I had with my children.

My kids wrote letters to the judge and asked him to appoint them an attorney, which he did. The attorney fees will be shared by both parents.

If the mom wants to file for a change in custody, I would suggest SHE contact her attorney and get his/her advice on how to proceed.