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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My child is 14 and lives with his father but he wants to live

Customer Question

My child is 14 and lives with his father but he wants to live with me can I get him backand what do I need to do?
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.
Is there a current custody order? What state was it issued in?
Customer: replied 8 years ago.
It is in the state of Tennessee
Expert:  Ellen replied 8 years ago.
Hello,


Thank you for your question. I am happy to assist you.


A court order must be followed until it is modified.

Child custody/parenting plans/visitation can always be modified by the Court based on the best interests of the child. However, grounds for modification must include a change in circumstances that significantly impacts the best interests of the child. A change in the preference of a 14 year old will suffice as grounds for a modification hearing.

Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child, the child's reasons for requesting the change and the environment that the child will be moving into.

That said, the court will typically give great weight to your son's wishes, but would not be bound by them.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLANDNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen and 6 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.

what do I need to do to start this, I have him right now for the christmas break but need to take him back on the 4th. He does not want to go.

 

Expert:  Ellen replied 8 years ago.
Hello,

You will need to file a petition to modify custody. You can copy the form at your local law library.

Best wishes.