Legal Question in Family Law in Oregon
Rights of a 16 year old.
My 16 year old brother is choosing to live with me over his father, but his father keeps telling him that if he really wanted to he could force him to stay with him. This is a special situation, his dad is an ass with a dysfunctional family. But I've read that being sixteen, he can't make that decision, but also that because he IS 16, he CAN make this decision. Which is true, and if it came to court, what could sway this decision either way? (His father has LOTS of dirty laundry.) Any info would be appreciated...
J. McCaleb
1 Answer from Attorneys
Re: Rights of a 16 year old.
Each state has its own laws on this topic, which may account for the differing answers you have received.
Under OREGON law, the decision as to where an unemancipated minor child lives is a parental decision, not the child's decision. If there are two parents, and they are divorced or never married, they need to agree as where and with whom the child will reside. And if they cannot resolve the question on a mutually acceptable basis, a judge will ultimately make the decision for them.
While the unemancipated minor child does not have decision-making authority as to where he/she is going to live, the older the child becomes, the more "weight" and consideration will be given any preference expressed by the child. But, again, until becoming an adult at age 18 (or obtaining a declaration of emancipation through the juvenile court), it is not the child's exclusive decision to make.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
E-mail: [email protected]
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