Can a Child sue his parent?

[JuJuFruit]

What is the name of your state (only U.S. law)? LA

Question: Can a child sue his parent as to who can live in their home?

My ex and I were divorced in 2000. We have 50/50 custody, with him being the primary CP. Ex and I are friendly with one another. No issues at all with visitation and such. No set schedule. We work around each others schedule, as well as our sons (baseball, school things, and friend things).

My ex is a struggling recovering alcholic, with a few falls off the wagon. His current GF is also struggling with her recovery, more so than my ex. (sadly her ex and her children riddle her with guilt)

Over the course of the last 6-8 months Dad and his GF have had numerous fights, which have led to them both drinking, and in a few incidents the police being called. Our son has witnessed most of these incidents. One of which required me to drive (250 miles round trip) to the police station to pick up our son when both dad and GF got themselves tossed into the sober tank.

My sons Paternal Grandmother has given him the idea that he can hire a lawyer (with her footing the bill) And sue his dad to make his dad NOT ALLOW her to move back in with them.

Before it is asked, son does not want to live with me, he just doesnt want the GF living with them.

Thanks for any insight into this.

 

[Zigner]

Ain't gonna happen...
Deal with this yourself, don't put your child in the middle of it.

 

[Humusluvr]

What is the name of your state (only U.S. law)? LA

Question: Can a child sue his parent as to who can live in their home?

My ex and I were divorced in 2000. We have 50/50 custody, with him being the primary CP. Ex and I are friendly with one another. No issues at all with visitation and such. No set schedule. We work around each others schedule, as well as our sons (baseball, school things, and friend things).

My ex is a struggling recovering alcholic, with a few falls off the wagon. His current GF is also struggling with her recovery, more so than my ex. (sadly her ex and her children riddle her with guilt)

Over the course of the last 6-8 months Dad and his GF have had numerous fights, which have led to them both drinking, and in a few incidents the police being called. Our son has witnessed most of these incidents. One of which required me to drive (250 miles round trip) to the police station to pick up our son when both dad and GF got themselves tossed into the sober tank.

My sons Paternal Grandmother has given him the idea that he can hire a lawyer (with her footing the bill) And sue his dad to make his dad NOT ALLOW her to move back in with them.

Before it is asked, son does not want to live with me, he just doesnt want the GF living with them.

Thanks for any insight into this.

NO.

And to add, WHY in the heck are you allowing child to remain in such an environment? It sounds very bad, especially if dad and GF are getting tossed in the tank.

Shouldn't you be doing something custody-wise about this?

 

[JuJuFruit]

I have tried. But I can not compete with my ex's money, nor his influential friends. How he got custody in the first place is amazing, considering he has a long history of Alchol issues, as well as issues with the law. But when the judge is a friend of a friend, having a rap sheet a mile long, doesnt matter.

Ex and I agreed that a change was in order, son moved in with me, stayed here for 6 months. He went to school here. He deliberatly failed in school. My son DOES NOT want to live with me.

His father and I live 2 totally different lives. His dad is still living in the "fast lane" Expensive dinners nightly, going to "cool" places, And his dad has "cool" friends.
He lives in the city... yada yada yada...

I live in the middle of nowhere, I cook dinner everynight, and a "cool place" for us to go, is a 45 min drive into town to go to walmart.

In addition, At his dads, he is an only child, at my house he has 2 younger half siblings.

And I didnt think he could sue his dad. But I wanted to know for sure before I told him his Gma is full of chit.

 

[Zigner]

My sons Paternal Grandmother has given him the idea that he can hire a lawyer (with her footing the bill) And sue his dad to make his dad NOT ALLOW her to move back in with them.

I have tried. But I can not compete with my ex's money, nor his influential friends.

If granny will pay for an attorney to represent your son, why wouldn't she pay for one to help in your custody matters?

ETA: If you think you can't compete with his money and "influential friends", what makes you think granny can?

 

[JuJuFruit]

Because granny, is my ex's MOM....

wanted to add, that my ex's mom, has more money than the ex... lol


And Zigner, I dont think this is my fight to fight. I lost the ability to "tell" me ex what to do when we got divorced. However, I have discussed with him many times, that his GF may not be the right one for him right now, as she has her own emotional baggage to deal with. And I will tell him today, well most likely Sunday when he picks our son up, that our son is having real issues with his GF. And its not so much the GF, but the effect that the GF has on his dad. He is worried about his dad and his drinking. I am pretty sure that my ex has no idea of what his mom planted into our sons head.


Also, I am not the one involving our son in this. I came here with the hope that this could not be done, as he doesnt need to see any more than what he already does. I blame the Gma for this one. But I can now tell him that he can not sue his dad over the GF. And that he needs to tell his dad himself how he feels, his worries, and his fears. And if he cant say, then I will encourage him to write his dad a letter. I can only hope that once my ex sees how this is affecting our son, he will get his mind right, climb back into the wagon, and move on with his own sobriety.

 

[Zephyr]

JuJu- enable your pm's please


regardless of whether your son WANTS to live with you, do you think allowing to to remain in a situation that is obviously unstable is in his best interests? My kid doesn't WANT to go to school or the dentist or the doctor or church.....you get my point

 

[JuJuFruit]

I agree with you, I was NOT in favor of the return to his dad. But his dad started with the academics, My son went from honor roll principals list, to absolute failure, to the point he was going to fail the year.

 

[Zigner]

And Zigner, I dont think this is my fight to fight. I lost the ability to "tell" me ex what to do when we got divorced. However, I have discussed with him many times, that his GF may not be the right one for him right now, as she has her own emotional baggage to deal with.

Honestly, I think a bigger part of the problem here is YOU. You need to let him go (your ex).

I am not buying that any mother who had to drive 250 miles to pick up their kid from the police because dad and step-mom were thrown in the drunk tank would NOT go back to court on an emergency hearing. Something just doesn't add up - sorry.

 

[Humusluvr]

Honestly, I think a bigger part of the problem here is YOU. You need to let him go (your ex).

I am not buying that any mother who had to drive 250 miles to pick up their kid from the police because dad and step-mom were thrown in the drunk tank would NOT go back to court on an emergency hearing. Something just doesn't add up - sorry.

I'm confused by terminology here.

Is it GIRLFRIEND or STEP MOM.

Are dad and said woman married? Or they loosely use the word step?

Would it matter?

 

[JuJuFruit]

it is girlfriend.

And Zigner, I am not hung up on my ex. I am happily married 5 yrs now. I just want him to have a stable and healthy relationship. And its apparant she is not the right one for that. He had 3 years sober before he began dating her.

He has had other GF's over the last 8 yrs. I got along with them all. He had one I wanted him to marry... but he couldnt control his alchol at all then. This GF is nice enough. She just has to much of her own things going on with her sobriety that it effects my ex's therefor it effects my son.

I tried in 2002 to get an emergency temp order. With the help of an attorney. He worked for the same non profit as I. He was a business attorney and couldnt represent me, but he did do all the paperwork i needed to file, and gave me written step by step instructions to file.

Judge denied it becuase he said LA didnt have jurisdication, although we had all lived in LA for over a year.

Basis for that order was dad was in jail about to be extradicted to another state for unpaid CS on his older son. And his family was threating to show up with his Custody orders and take my kid. Granted I was very intimadated by his family and I was scared. So I lied and told his family that I got the order, and I just kinda hide my kid until it was worked out. I never kept him from Dad, just his family. I was the one who picked up Dad from jail and we went and got our son.

I have tried. I am too concerned with rocking the boat too much, for fear that he will cut off my access to my son, which right now I have full access to. I can call when I want, he can call me when he wants. Same thing with visitation. We work around baseball. Son wanted to play, and dad and I agreed that he wanted the resposibility of baseball, so he cant just not go cause he wants to do other things.

I know, and my ex knows, I can not fight him in court. He doesnt hang it over my head or threaten me with it. But it is a thorn in my side. And makes me proceed with caution.

 

[Zigner]

it is girlfriend.

And Zigner, I am not hung up on my ex. I am happily married 5 yrs now. I just want him to have a stable and healthy relationship. And its apparant she is not the right one for that. He had 3 years sober before he began dating her.

Sorry - still not buying it

He has had other GF's over the last 8 yrs. I got along with them all. He had one I wanted him to marry... but he couldnt control his alchol at all then. This GF is nice enough. She just has to much of her own things going on with her sobriety that it effects my ex's therefor it effects my son.

I tried in 2002 to get an emergency temp order. With the help of an attorney. He worked for the same non profit as I. He was a business attorney and couldnt represent me, but he did do all the paperwork i needed to file, and gave me written step by step instructions to file.

Judge denied it becuase he said LA didnt have jurisdication, although we had all lived in LA for over a year.

Then you go to the court that has jurisdiction... (And, that was SIX YEARS AGO. It has nothing to do with what's going on NOW).

Basis for that order was dad was in jail about to be extradicted to another state for unpaid CS on his older son. And his family was threating to show up with his Custody orders and take my kid. Granted I was very intimadated by his family and I was scared. So I lied and told his family that I got the order, and I just kinda hide my kid until it was worked out. I never kept him from Dad, just his family. I was the one who picked up Dad from jail and we went and got our son.

I have tried. I am too concerned with rocking the boat too much, for fear that he will cut off my access to my son, which right now I have full access to. I can call when I want, he can call me when he wants. Same thing with visitation. We work around baseball. Son wanted to play, and dad and I agreed that he wanted the resposibility of baseball, so he cant just not go cause he wants to do other things.

I know, and my ex knows, I can not fight him in court. He doesnt hang it over my head or threaten me with it. But it is a thorn in my side. And makes me proceed with caution.

You CAN take this to court - you CHOOSE not to.

 

[JuJuFruit]

Jurisdiction is another state where we were divorced. None of us have lived there since 2000. Its not that I choose not to. I dont have 4K for a retainer fee.

 

[stepmom04]

Jurisdiction is another state where we were divorced. None of us have lived there since 2000. Its not that I choose not to. I dont have 4K for a retainer fee.

You could possible find one for cheaper. $4,000 seems a little steep for a retainer. Or you could try for some sort of legal aid.

 

[Zigner]

So, somewhere in those SIX YEARS, you CHOSE to not have jurisdiction transfered to your home state...

Choices.