Columnist Sandra Thompson: Teen really wants her day in Family Court

Sandra Thompson

Sunday, July 23, 2000 | 10:28 a.m.

Sandra Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at259-4025 or e-mail at thompson@lasvegassun.com.

Karen says she could resolve her years-long custody case in five minutes, if only she could speak to "a judge who cares."

However, no judge will listen to her. No judge will even ask her about the case because Karen is 14 years old.

"I feel I should have the opportunity to speak," she says. "It's my life and this is ruining it. I shouldn't be worrying about this stuff. I should be doing things my age instead of dealing with adult issues."

Family Court says children should not know the ins and the outs of their parents' custody disputes. Karen, a few weeks' shy of her 15th birthday, disagrees. "At my age it's hard to keep it from me. I want to be involved."

She sifts through volumes of documents packed into one of several boxes detailing the custody battle between her father, who moved with her to Las Vegas a few months ago, and her mother in Montana.

Karen is very bright and articulate. Her comments are insightful and eloquent. She seems wise beyond her years.

There is no malice in her voice, only concern because of threats she says her mother has made against Karen and her father.

Karen's parents shared custody of her after their divorce in 1993. In August 1998 they revised the visitation agreement, giving Karen more time with her dad. She says he is more of a "nurturer" than her mother. At the time, according to court documents, Karen's mother did not object to the girl residing with her father.

Then Dad moved to California, and Karen did not return home to Montana for her mother's visitation turn. Mom then charged that he "fled" with Karen, and sought the police's help in finding her and returning her to Montana.

"I'm not kidnapped," Karen says.

A few months later, Karen and her dad moved to Las Vegas. Karen says her mother threatened to have Metro storm their house. Karen contacted Metro, which suggested she seek a Temporary Protection Order in Family Court. Her request was denied.

Dad filed for sole custody of Karen in Family Court. According to court documents, Mom has no objection to him having primary physical custody, but opposes sole custody. The judge dismissed the case, saying he had no jurisdiction because the matter is pending in Montana. Karen says she went to the courtroom to try to talk to the judge during the hearing, but his bailiff pushed her out of the room. Children are not allowed in the proceedings.

Mom's attorney noted that Karen has been involved in all aspects of the case, which is "totally improper" and violates court rules requiring litigants not to discuss pleadings and proceedings with their minor children.

"This is such a big thing. You can't ignore it," Karen says, explaining her involvement in the case. "I want to have a say in my life."

Local judges are split on whether they should speak to children when deciding custody matters. Laws also vary from state to state. California, for example, says that "if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody." Several states have similar policies.

Texas goes a step further: "When the (custody) issue is contested, the court shall interview a child 10 years of age or older and may interview a child under 10 years old. Interviewing the child does not diminish the discretion of the court."

It's not only Karen's wishes that should be considered here, she says, but she can clear up a lot of "facts" in the case, rather than the judge trying to decide which parent is telling the truth about the situation.

Karen says her father has not turned her against her mother. In fact, she says, she has gotten frustrated with him at times for encouraging her to get along with her mother. "I'm not comfortable with her," Karen says.

It's a large burden for a 14-year-old, even one as bright as Karen.

"This case is clean-cut and clear as far as how I feel and her (Mom's) actions," Karen says, her doe-brown eyes welling with tears.

"If someone would give me the chance to talk, it could be resolved and everyone can move on."

Tears trickle down her face.

"I want to have this over with and go back to being 14 again," she says.

Amen.