Legal Question in Family Law in Montana
Childs Rights in Child Custody
I would like to know what rights my 12 year old daughter has when it comes to her custody. We have joint custody with her father and she lives with him during the school year and comes home to us on the weekends, but she is tired of living with his drinking. He has left her alone while he goes to the bar and drinks. She calls us and we stay with her on the phone so she isn't scared. We did everything to get custody but the judge awarded him primary custody. We had psychologist, mediators, a guardian ad litem the whole deal and they said she should be with me.
My husband and I have 3 children of our own but he has always considered my daughter his too. He has her best interests in mind. We just want her to have a childhood that is full of good memories and a heart full of love from sharing with a home full of love and laughter. When she lives with us in the summer we try to spent every moment to give back some of the everyday life she misses when she's with her father. We feel that she should be able to live where she wants and have the love she deserves.
1 Answer from Attorneys
Re: Childs Rights in Child Custody
I suggest you speak with an attorney who is familiar with the judges in your jurisdiction, especially the judge who is assigned to your case.
You can do two things simultaneously: First, you can file a motion to amend the parenting plan. Second, at the same time, file another motion for the Court to appoint a Guardian ad Litem (GAL). If you have done some research into available GALs in your area, you can file a motion to appoint a specific GAL. The GAL's job is to advocate for your daughter's best interests. If the GAL's evaluation recommends that the child reside with mother, move the Court to adopt the GAL's recommendation regarding the amended parenting schedule.
At age 12, your daughter is old enough to request to speak with the Judge in chambers. She will not testify in court, but she can have a conversation with the Judge, with the GAL present, in his chambers. Be careful not to coach her about what to tell the judge. The GAL should be in charge of taking her to the courthouse, showing her where the case will be heard, perhaps let her peek into the Judge's chambers so she can see where she might be speaking with the Judge.
If you decide to go this route, you might tell your daughter that you will file a motion with the Court about changing her residence. Do not under any circumstances discuss the case with her. It is never the child's job to listen to parents discuss court matters. It is the GAL's job to explain whatever questions your daughter has.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
