How can a father get custody of his 15-year-old son that does not want to live with his mother?

Answer 1

I would be very careful with this one. Young teenagers figure because they have household chores to do, homework, and a need to answer where they are going, what they are doing and when to come home is some type of mental abuse. This is no reason to kick up a fuss and want to live with dear old dad. Many teenagers have a misconception of what love and caring is and when they can't have their own way they want to move in with the other parent in hopes they will have every little thing their heart desires. If the woman is a good person and is a good mother it would tear her heart out if you took her son completely away from her. Teenagers can be very craft, and you don't have the full story on this. Your son could be failing school or (hopefully not) be dabbling in drugs and your wife may be coming down on him hot and heavy and suddenly your son wants to come and live with you. Tread carefully and be sure you are getting the correct story on this one. If she does drugs (including alcohol), stays out all night or brings strange men home then these are good causes to take full custody of your child. I suggest you meet with your ex and without accussing her get to the bottom of this story your son is telling you. Sons really need their fathers in their lives, so you have to ask yourself some pretty hard questions. How much quality time do you spend with your son? Have you made a lot of promises to your son only to break them? Example: You're going to take him to a football game and then at the last minute cancel because you are busy at work or have a date. When was the last time you took him for a long weekend, summer break, or a trip? Adults don't realize this is the most crushing blow they can have on their children. I am not accusing you of any of the above, but if you think it's tough seeing you son now, you have a big surprise coming if you get full custody of him. Adults should just be that and start acting like it. Even though they are no longer married the two should put their differences aside and try to get along for the sake of that child(ren.) Kids only see mom and dad and nothing else and any problems that occur between their parents means nothing to them. They don't realize at their young years how complicated relationships can be. Even though you are not living with your ex, get to the bottom of things and try to lend a hand instead of listening to a 15 year old who may not be getting his way. If there is any abuse by his mother then you need to step in. If there is a major concern as to how your ex is treating your son, then you can see a lawyer, go to court and a judge will decide if the custody should be reversed. Good luck Marcy File a custody petition in the appropriate state court. It would be advisable for you to retain an attorney who is qualified in domestic relations issues. If that is not an option you can contact the court clerk in your county for information on the proper procedures.

Answer 2

Father's custody? Most chilcren of a divorce, live with their mother, although the world has changed, and some fathers have either simple or joined custody. Whatever the arrangement, the child is the one who suffers most, becasue he/she is unsure where his/her loyalty belongs. Whatever the situation, the greatest burden is on the child. Having said this, assuming that you are the working parent, I would suggest that your son is better off with his mother. Never forget, that in a divorce, a child learns early on how to play the game with parents who do not get along. If the mother restricts him, I am certain that he longs to be with you. Of course, you can ask him for his reasons. And if you feel that he needs some discipline, he should be with you. But never forget, that the court system does not look at these details unless they cause great harm to the child. Read more about "Raising a child" in the book reference on my Bio Page.

Answer 3

It is important to be prepared and knowledgeable about the custodial process if you want full custody of your son.

Courts are often still prejudiced against Fathers. Therefore any father wanting full custody of their child has to be more prepared than the opposing side.

This means that Dads need to know:

• How to act,
• What to say,
• How to dress,
• What witnesses are required to win, and How to Find Them,
• How to handle custody evaluators,
• How to effectively criticize the opposing side

and a myriad of other topics that impact one's ability to win custody.

Don't rely upon just being a "good dad." It isn't enough. You have to know more and be more prepared than Mom if you want a fighting chance.

Read everything you can about How to Win Custody of your Child, and then take the information to heart.

There are lots of sources for information on the internet. Just be certain that the source is an experienced lawyer with plenty of custody litigation background. Don't depend upon a "one time dad" or "counselor" to get you through a tough legal battle.

Another Perspective

Although the legal advice in the first answer included how to act, what to say and how to dress themselves to impress, how to handle people and criticize the mother effectively, it failed to mention the father's relationship and level of care relating to the child.

Missing from all of the above is this:

Judges know that generally speaking, mothers are the ones who provide the day to day care for their children, even if they also work outside the home. You need to be able to show that you were the one who provided day to day care for your child including such tasks as the following:

• You fed, bathed and put the child to bed.
• You got the child ready for school, packed their lunch and got them to school or to the bus.
• You attended all the school conferences, plays, etc.
• You brought the child to the doctor and dentist visits and stayed home with them when they were sick.
• You brought them to school events, sports, birthday parties, play dates, extra curricular activities.
• You took the child shopping for clothes.

Answer 4

The father must petition for physical custody in the court that has jurisdiction over the case. The father must have a material change in circumstances that supports his petition for the court to consider taking physical custody away from the mother.

Answer 5

Depends on related factors and the state laws.