Q: Can I move in with my dad?
I am 16 years old and want to move in with my dad. My mom has been abusive mentally and physically. My dad is a registered sex offender because he was 18 and he dated a 17 year old girl. This was 40 years ago. Can I go live with him without my moms consent? I am sick of living with a mother that doesnt seem to love me.
A:
If there is a parenting time order, your father needs to consult with an attorney regarding a motion to modify parenting time and responsibility. You're old enough that your opinion matters regarding placement, but keep in mind that your father's registration may have additional terms and conditions preventing him from cohabitating with you.
If your parents were married when you were born, or there has been a formal finding of paternity:
If there's no existing order, and your dad's registration doesn't prevent him from living with you, then yes, you very probably could simply go live with your father, as the police won't remove you back to your mother's house without an order saying they should. Your father would still want to file a petition to establish parenting time and parental responsibility.
If your parents were not married, or there has not been a formal finding of paternity:
Your father may not yet have standing to assert any parental rights over you, which means your mother could have the police retrieve you from his home at any time. If that is the case, your father needs to file a paternity action to establish his role as parent.
As always, these cases are highly complex, and your father should consult a local attorney with whom he can share all of the details.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
