Q: I don't like my living environment and have wished to move
since I was 14. I am now 16. I am living with my dad and we face many
altercations/differences. He will NOT let me move out even though i feel itll
benefit. I am miserable in my home (Not being neglected or abused but I can give
you further details on it) Ive begged, pleaded, broke down and cried and my
father says "Youre my responsibility, you can leave when your 18." Although I am
a minor, HOW IS THIS FAIR? I feel my older sister is a better candidate to be my
guardian, my father is too care less and Im more comfortable with my sister. She
has made it clear to me and my dad that she would take me in within a heart but
he still refuses. Im MISERABLE here, and am willingly to do whatever it takes
legally to get her custodial rights
A: David's Answer:
Assuming your mother is not in the picture for some (unstated) reason,
your (presumably adult) sister would need to petition for custody. However, if
you are not being abused or neglected, and if your father objects to the change
in custody, her case would be a difficult one to win. -- David Bliven,
Bronx Child Custody lawyer (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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