Q: When my parents divorced, I was awarded custody to my father, I don't want to be with him now, I want to be with my mother, but my father doesn't agree, what should I do? I'm 13 years old.
A: When your parents divorced, if you were awarded to your father, but now as a 13-year-old you want to live with your mother, there is a custody issue. According to Article 1084 of the Civil Code of the People's Republic of China, the relationship between parents and children is not extinguished by the divorce of parents, and both parties still have the rights and obligations to raise, educate and protect children, regardless of whether the children are directly raised by the father or the mother.
In particular, the third paragraph of this article clearly states that children under the age of two after divorce shall in principle be directly raised by the mother, and if the parents are unable to reach an agreement on the issue of custody of a child who has reached the age of two years, the people's court will make a judgment on the basis of the specific circumstances of both parties and the principle of the best interests of the minor child. For children who have reached the age of eight, the court shall respect their true wishes.
Therefore, as a 13-year-old you, the court will consider hearing you and making decisions based on your best interests. Here's how you can do it:
Communicate with your father and express your desire to live with your mother. If possible, try to reach an agreement that is acceptable to both parties.
If your father agrees to the change of custody, then you and your mother can file an application with the court together for a change of custody, stating the reasons for the change and your wishes.
If your father does not agree and you still want to live with your mother, you can file a lawsuit in court to change custody. It is best to be accompanied by your mother or other legal **person during this process.
In court, your wishes will be heard, and the judge will consider a variety of factors before granting a request for a change of custody. In this process, the judge's primary concern is to protect your best interests. **10,000 Fans Incentive Plan