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How do you get custody of your son if he wants to live with you instead of his mother?

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2012-05-10 17:05:12
2012-05-10 17:05:12

If she is unwilling to agree to a custody modification, a motion will need to be filed with the courts, the situation will be evaluated and the court will render a decision. However, you must have compelling reasons for the court to order a change in custody.

The child will not have a choice in the matter, however he will be allowed to express an opinion in some courts.

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

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If a 14 year old wants to live with the dad and the mother has custody, she can live in Nevada with the parents' permission. Both parents much agree on the situation.

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If the son wants to I believe he can. In my state (Georgia) the child can choose who he/she wants to live with at the age of 14.

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

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

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You are required to live with the parent that your custody decree awarded custody to. It doesn't matter what you want. If your dad has custody and you run away to live with your mom instead, it's even possible your mom could go to jail for this. If you think you can convince a court that it's in your best interest to modify the custody decree and award your mother custody instead, then you can always get a lawyer to petition the court to revise the custody decree.

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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.

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That is most likely up to the court that controls custody, or to the custodial parent.

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the child is in cps custody and is telling everyone that they don't want to return to the abuse in the adoptive home and wants to live with their biological mother does the twelve year old have rights here in Arizona

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yes if you live in Australia any way. and it would be your decision

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My granddaughter wants to live with her mother she is soon to be 17 and her father has custody and dose not want her to leave what recourse dose my granddaughter have ?

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If she is unwilling to agree to a custody modification, a motion will need to be filed with the courts, the situation will be evaluated and the court will render a decision. However, you must have compelling reasons for the court to order a change in custody. The child will not have a choice in the matter. However, he will be allowed to express an opinion although the court is not required to fulfill the child's request.

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He wants his mother to realize that the world has changed and that it is time for her to change her opinions, and live in the real world instead of her fantasy world.

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If you live in the US... Unless Mom's parental rights (different thing than custodial rights) have been terminated or she can be proven unfit, she's first in line for custody, so if she wants custody, she will get it (no matter what Dad wants)

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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.

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Do the children have his name on their birth certificate? If so he can do what he wants, but they still have that name. He has to live with it.

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If she is unwilling to mediate a custody modification, than a motion will need to be filed with the courts, the situation will be evaluated and the court will render a decision. However, you must have compelling reasons for the court to order a change in custody. The child will not have a choice in the matter, however he will be allowed to express an opinion in some courts. Tell him that until this is resolved by the courts, he is not to be unruly or disobey his mother. That will just cause you problems.

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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.

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A change of legal custody must be done through the court that granted the original custody order. Things that will be considered are, the age of the child, the living environment of both parties. The past history of the adult seeking to have the custody order amended, and so forth.

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You will have to file a modification with the court. The child's wishes are not necessarily what the judge will do. The judge will take into consideration what the child wants, but ultimately will have to look at the best interest of the child.


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