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Children are not allowed to decide, only the court can modify visitation/parenting plans. Children over 14 are considered to have some maturity ad the court may listen to their testimony but generally speaking the court frowns on parents...
How do I get a guardianship for a child? You will need a lawyer to ask a judge to appoint a guardian. Parents and the people taking care of the child must be told when someone is trying to get a guardian appointed. A judge will order a guardianship without the parents' consent only in limited circumstances.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
One parent gets legal custody of the children. Both parents have joint custody. In families with more than one child, one or more children live with one parent and one or more children live with the other parent.
It is a common misconception that there is a magic age when a child can decide which parent they will live with. In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated.
The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the
In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.