Legal Question in Family Law in Michigan

Can a 15 year old change who has custody of her? My dad is doings things that are not illegal, but are wrong. He verbally abuses me. He sometimes holds me against something so I cannot get away from him, or stands in the doorway of a room so I cannot get away. He makes going to high school way harder then it needs to be because he will not sign papers that I need to turn in, or pay for anything that I need for school (even simple things like a new binder).

He scares me, and I do not want to have to go to his house anymore. My parents have 50/50 custody over me. I am wondering if there is anyway that me and my mom can get the custody changed so that my mom has full custody of me. I have visited the police station and they said that everything he is doing is legal and he is allowed to do that to me because I am his daughter.


Asked on 4/11/10, 12:42 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Your mother needs to petition the court for a change of custody and, since you are old enough to speak up and testify, the Friend of the Court or Judge will take your opinion into consideration. However, requesting a change of custody because you don't like his disciplinary procedures is not a legal basis, and your mom's request won't be granted because of that. Furthermore, the courts do not allow children to decide whom they want to live with and/or visit unless the parent or environment is bad, i.e., drugs, illegal activities, or abuse. Children often want to live with another parent or not visit one parent for whatever reason - perhaps they just like one parent's neighborhood or house better, and children aren't mature enough to realize that they can't not visit a parent for a selfish or material reason. If you are afraid of your dad because he is tough and has strict rules, then be happy. Have you ever seen the TV show world's strictest parents? watch it. all of those kids realize how good they really have it, and some kids with no discipline actually say they wish their parents had rules for them, as it means their parents love them.

You may not realize it now, but your dad is probably doing the right thing. Any expenses for school supplies, clothing, etc., should have been discussed and decided between your parents. What about doing chores around the house and getting paid, and/or getting an allowance? Your parents are not obligated to pay for everything. Regarding chores, you should be helping out for free, but, for additional work that goes above and beyond what's "reasonable" (like 1 hour of chores a day), perhaps you can be compensated. It will teach you the value of a dollar and responsibility.

Be glad your dad doesn't take your door off its hinges, leaving you with no privacy (or having to hang up a curtain, which doesn't really help with the sound or privacy). Or disconnecting your telephone through wires not in your room, so you can't plug it back in. That's always a super fun trick......

You want to work out these issues before you start driving and need a car, and money to maintain the car. Having a car is a huge responsibility, and not something you can afford on your own, so you will need your parents' assistance. If you end up sharing or borrowing a car that your parents use, particularly your dad, just remember to always turn the radio down or off when you leave the car. Or, the next time you get in the car, the knobs for the radio may be missing, if the radio itself isn't disconnected!.....Again, speaking from personal experience - but it taught me not to leave it blasting and blow my dad's ears out! He was gracious enough to let me borrow a car, and risk having me crash it, so I should have been polite enough to turn the radio down.

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Answered on 4/16/10, 2:19 pm


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