How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89094
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

my ex husband is wanting to divorce our 17 yr old son due

Resolved Question:

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?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Does he have a criminal history?



Customer: replied 4 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
Expert:  Ely replied 4 years ago.
Is he still in high school? (last question here)
Customer: replied 4 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
Expert:  Ely replied 4 years ago.
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.



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 4 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.
Expert:  Ely replied 4 years ago.
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 4 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
Expert:  Ely replied 4 years ago.
Oh, sorry :)Let me ask - how was it that he was determined to be the custodian?
Customer: replied 4 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.
Expert:  Ely replied 4 years ago.
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…”
















Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Family Law Specialists are ready to help you
Expert:  Ely replied 4 years ago.
Yes, I did, thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Ely
Ely
Counselor at Law
9387 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.