If my parents divorce, can I choose with whom I want to continue living?

If my parents divorce, can I choose with whom I want to continue living? Im 13 years old and my little brother is 9. We want to stay with our father, is that possible? I dont know anything about laws


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Most Helpful Girl

  • Legal action is always to give the children to the mother unless the father can prove she either can not take proper care of children or it is unsafe for the child in question. However your father can make an appeal to be given custody (joint or part time)

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    • My father is the one who has a higher salary, he has like the double of my mother's salary so he can take proper care of us. They will divorce because my mom was cheating. My mom is very angry and sometimes she hits us or pull our hair (not so agressiive, but she does it)

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    • Then your father shouldn't have a hard time claiming full custody

    • I think your father will have a hard time. I also think the mother will lobby for full custody which happens to maximize child support.

Have an opinion?

What Guys Said 5

  • They might consider your opinion but I doubt it. Odds are you will go with your mom unless she doesn't want you which is unlikely for reasons emotional and financial.

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  • At your age, the court will probably side with your preference, unless your father is a monster.

    At your brother's age, it's a little borderline.

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  • i guess if u r 13 u cannot basically... but chances r u will end up with yer mom

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  • Possibly but probably not you're a minor it's not up to you

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  • No, not when you're a minor

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What Girls Said 6

  • My parents got divorced when I was 5 and my brother was 10 and they didn't take anything I said into consideration (I was too young) but the court did listen to my brother a little bit. The last time I looked into it, most courts will side with the child's (or in this case children's) preference if they are 12 years old or older. If both parents are seen as competent you'll likely have a 50/50 split with a schedule (1 week at mom's, every other holiday type situation). You're best bet would be to look into the laws specific to your state as well as your situation because I'm not entirely sure if they change by location. Good luck and don't let the lawyers just use you as a pawn, make sure someone knows what you and your brother want.

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  • Well I know for sure if you are a certain age you can choose but I think 13 is pretty young to decide, but also it depends on the lawyer

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  • It depends it they have lawyers involved or not

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    • yes they have lawyers involve, and they are divorcing because my mom was cheating on my father

    • Well they could end up disputing custody this is usually based upon which parent will be able to care for you better

    • Thanks for the info!

  • It depends. In the Netherlands you may decide yourself once you turn 12, before you reach that age you'll have to live with both (make a time schedule with your parents) except from when the judge thinks you should only live with one particular parent.

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  • I think the won't take what you are wanting into account until 16 I think might be wrong

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  • Some courts will base it on how old the children are and if they can make their own decision who they want to live with.

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