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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34268
Experience:  16 yrs. of experience including family law.
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My daughter has asked for a divorce and her husband (not the

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My daughter has asked for a divorce and her husband (not the father of her 15 yr old daughter) has told her he will drag his feet for 11 months until her daughter is 16 and then he will pay for daughter to divorce her mother so she can stay with him. They live in Noxon, MT he is wealthy my daughter has no money of her own. He has child brain washed with all the expensive things he has bought her(snow mobiles, four wheelers, promise of car). Daughter has said she will not go with mother because he can give her more. Are there any resources for my daughter to protect my grand daughter from this strange relationship he is fostering with her?
Submitted: 7 years ago.
Category: Family Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

What? There is no such thing as "daughter divorce mother"...but it sure sounds like an interesting prospect!

No, it does not work that way. There is not a "right to refuse"...but when a child reaches teenage years (typically 11 or 12) the court will start to listen to their concerns. The court will always make its decisions base on what the court believes is the best for the child...but it will take into account the child's desires and the reasons for them.

For example, if the child wants to spend more time with dad...and the reason is dad allows them to play video games...this would not carry as much weight as the child that does not want to see dad since he beats him. Extreme examples perhaps, but the idea is the court will consider what the child has to say as well as why they are saying it.

The point is its not daughters call...but she can tell the judge what she likes and the judge can consider that. If the reason is that "dad will give her more..." if its more "stuff" I suspect the judge will not give that much consideration at all.

Now, the divorce...a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.

What can your child do? Get a lawyer...a good one. IF she can not agree, a lawyer can force this through and protect your daughters rights to her child.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Customer: replied 7 years ago.
Confused by answer, he is not the father I was concerned about protecting the child from a unhealthy, abnormal relationship.
Expert:  P. Simmons replied 7 years ago.
Sorry, you said that...and I'm so used to tallking to folks in the same circumstance with two parenets I assumed both parents.

Since he is NOT the parent there is NO way the court will give him custody. Seriously...the child can not divorce the parent. They can aske to be emancipated....perhaps he is discussing this. Its possible in MT if the Child is 16 or older but only if the child can show

(a) that limited emancipation is in the youth's best interests;

(b) that the youth desires limited emancipation;

(c) that there exists no public interest compelling denial of limited emancipation;

(d) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;

(e) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;

(f) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and

(g) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.

From your description, I do not think the child will be able to get emancipated.

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