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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My ex and I have been divorced for over 11 years. We both live

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My ex and I have been divorced for over 11 years. We both live in the same state, but I have a job offer in another state and would like to take it. My ex has physical custody while we share joint. Our 15 year old son has expressed that he wants to move with me if I go. He is very excited and has tried to talk about this situation with his mother. She says its in his best interest to remain where he is, but won't give him a reason why when he asks. I have tried to have an open talk with my ex regarding our son and she says she has nothing to talk about and that the subject is closed. My question is this, does my 15 year old son have a voice in this matter? Because of my ex's refusal to discuss this as adults, I'm thinking of getting my lawyer involved.
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
A child has the opportunity to state a preference to the court, but has no "power" to decide the outcome of his case. Only the parents or the judge can make that decision. An existing custody order is subject to modification when there is a change in circumstances with regards XXXXX XXXXX current parenting plan which is affecting the child's best interests. This means that the existing order will not be changed unless you can show why the current parenting arrangement is no longer working and why a change would be necessary for the child. Unfortunately a child's wish to be with the other parent absent some detriment to the current parenting arrangement is usually not enough to cause a change in the parenting order as the court will look at the total circumstances, including the child's preference as to whether the change is warranted.


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