Custody
Children and the Law
Emancipation and Ages for Moving Out

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

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2005-09-15 18:46:17
2005-09-15 18:46:17

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.

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Related Questions


Generally, custody orders end at age eighteen and the child can choose where she wants to live.

No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.

If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.

If a child's mother has sole custody then the courts have decided this and there is a reason for it. Generally, if the mother is a good mother (fit mother) then the children will be looked after by her with the father having partial custody to see his children. If the father is unfit, then the mother would have full custody. If you are the child asking the question and are upset because your mother has house rules and you don't always agree with them then this is not a good reason to want to live with your father. Your mother gives you these responsibilities so you will learn good characteristics that will make your life a whole lot simpler. You may not see that now, but will in the future. If this is the father asking the question and you have partial custody the courts have deemed it this way for a reason. If the mother is unfit and the father wants to take full custody then you should retain a lawyer asking for full custody.

It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.

u must go to the court and request a modification on the divorce terms to allow the child to live with the father. If the mother agrees it is easy. if the mother objects then it gets a little harder because father will have to demostrate not only that the child wants it but that it will be in the best interest of the child that the father get the residency custody.

If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.

Father needs to immediately file for custody see links

My child wants to choose to live with her Father, her Mother has custody. Is this possible.

If you live in the US... The father's parents have no rights to custody at all. The father has the right to petition for custody, but he won't be given sole custody unless he can prove the mother unfit. He might, however, be given joint custody.

It matters if the father is named on the certificate as the father. If so, then he has as much rights as the mother. But in a court of law you might find the mother has a little more. Only if the mother has a problem will the father get custody. The law see's the mother as the one who the child should live with.

Depends on the circumstances. If you are a single father, without court orders, the mother still has sole custody and control. If married, you have possession, however if you file for child support, you have a presumption of custody.

I live in PA and I am the noncustodial parent. My attorney told me that if my ex-husband dies, I would get immediate custody of my children.

No. You have to go through the court system if the father has legal custody but you can also go through the court system and get emancipated which means noone has legal custody over you so that means that you can live wherever without anyones permission. It's totally rockin'!!!!

Yes,but you could try to have another adult try to get custody in court

If you live in the US and Mom has custody, then no, you cannot. But Dad can petition the court for a change of custody.


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