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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My ex-h is trying to get sole custody of my son (16.5 yrs.)

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My ex-h is trying to get sole custody of my son (16.5 yrs.) and served me with a petition to modify. I have sole custody now. I am willing to compromise with joint custody. Do I need to file an Answer (with a general denial) and also a Counter-Petition (requesting joint custody) or can this be one document?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dave Kennett replied 6 years ago.

Dear JACUSTOMER - Equal time with each parent would require your son to move back and forth and lose his stability of having a home. I can't imagine that you or his father would want to move every other week or month so mist courts will not order such an arrangement. This may work with very small children but teenagers need a place to call home since they are not nomads or transients.


The court will listen to the wishes of your son as to where he wants to live and will make the final decision. You can have joint custody as to the various decision making regarding your son but to have him moving back and forth is probably not feasible.


You can file your answer and include your motion for joint custody all in one filing. The court will base its decision on the best interests of your son and on what he wants to do. Obviously school could be a problem as well if you and the father do not live close by.


Dave Kennett

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