Annandale, VA asked in Divorce, Family Law and Child Custody for Virginia

Q: I'm 17, and my mom is trying to force me to live with her. Can she force me to live with her instead of my grandparents

My parents seperared 3 years ago and I lived with my dad and rarely saw my mom and she has not contributed to my life at all for 3 years and has not helped pay for anything . My dad is in jail and he gave me permission to live with my grandparents so I've been living here for 3 months so far. My mom is trying to take me away from my grandparents just because she wants me to live with her.

1 Lawyer Answer

Wayne E. Holcomb

PREMIUM
Answered
  • Divorce Lawyer
  • Yorktown/Newport News, VA
  • Licensed in Virginia

A: This is a sticky question. You are still a minor, and your mother is your mother. Assuming she has legal custody, she has a say in what is done with you, certainly in where you reside. That said, it appears that most Judges will not force a minor child of your age, who can drive for example, to live with one parent over the other if you have a strong and reasonable opinion. Grandparents are a little different. If your mother wanted to take this to court and try to establish that living with your grandparents is not in your best interest, things could get more difficult for you if she was able to prove that. Even so, this would be very difficult for her given your age if for no other reason. My opinion is that you should try to work something out with your mother to keep some peace in the family--maybe some time with her? If you are dead set against being with her though, she'll have to pursue your move through a court, usually an expensive and slow process. Good luck and our best to you.

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.