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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100015
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my ex husband is wanting to divorce our 17 yr old son due

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my ex husband is wanting to "divorce" our 17 yr old son due to bad behavior and choices. I had to send my son to live with his father and his stepmom 5 yrs ago for same reason; dad is the custodial parent, he says he is going to a family lawyer and find out his rights to kick our son out of his home now. My son has no job, no money, no where to go, lost his license for 6 mo due to first time dui, i don't see how my ex can throw him out like that, is it possible? we both feel the boy should join the military where someone can help discipline him to make better choices and respect authority; as his mom in WV, i don't know what to do?
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Does he have a criminal history?



Customer: replied 6 years ago.
my son was arrested i december for first time offense of dui and destruction of property and spent nite in the county jail, he drank some alcohol from a kid he picked up in his car and he wrecked the car hit a tree in someones yard and fled the scene; he has 2 court dates this month one in city and one in the county of fort bend tx; other then that no other criminal offense
Is he still in high school? (last question here)
Customer: replied 6 years ago.
yes this is his senior year he is 17 and is to graduate in may but he recently got in trouble for cutting some classes and his dad got a letter from the school about truancy as well so his graduation may not happen. I do so want him to at least graduate school.the rest is up to my son.this is a pattern of behavior for him and he has very poor relationship with his father
You're not going to like my answer. On one hand, if he's in school, you can always send him to boarding school. But if he's about to graduate, then obviously that's not an option.Otherwise, parents have a DUTY to take care of the child until he/she is 18. Once 18, they are out the door. But before that, you cannot just dump him on the state. You're not the first to ask this. But unless he is in genuine trouble and gets prison time, then the state will not take him...he's yours until 18. I'm sorry.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 6 years ago.
one other question...if his dad doesn't want to keep him til age 18, could/ would the court sent him back to me in wv since i am the non custodial parent? I would love to have him home with me if he would let me help him, though my parents say i should let him face his own consequences. He probably would not mind me here in WV and I would end up putting him out of the house at 18. Just want to prepare in case the court MAY send him back to me.thanks for your help. I'm just trying to prepare for the what if's....i have not remarried and am a single mom and he is my only child.
Yes, sure. If the parties privately agree to change custody, just sign a quick note to that effect - you don't even have to let the court know since he'll be 18 soon. But also make sure to agree on halting of child support, etc, so as to not have to deal with that later ("why should I pay if I have the child?")

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 6 years ago.
you didn't understand my queswtion...what i meant was would the COURT decide to send my son back to me, my ex and I don't agree on anything so he would never "give up" our son to me...i just want to kow if ex goes to court about it, would the court possibly deem that my son has a mother and send him back here to wv? thanks so much
Oh, sorry :)Let me ask - how was it that he was determined to be the custodian?
Customer: replied 6 years ago.
Initially I sent my son to live with his dad 5 yrs ago becaue of his bad behavior here in wv and I could not handle him. My ex had remarried so i thought he needed more to be with his dad ( a male) then me, and also that a family uinit might help him feel more secure since I had never remarried and the single parenting thing was so difficult.I also have some health problems at the time and that was another reason i had to send him. It was my last resort believe me. I still donj't think being with his dad was in any means ideal. I cared for my son for most of the first 12-13 yrs of his life.
Ok.The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

If you guys can't agree, but you want him to come live with you, you need to submit a Motion for Modification of Custody with the same Court that holds the original jurisdiction, and then see if the Judge agrees with your points on the factors above.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
















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Yes, I did, thank you.