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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88839
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Sir, thank you for your reply on my case and the abuse. One

Customer Question

Sir, thank you for your reply on my case and the abuse. One other thing please, when I got divorced I wasa living in Alabama and she wasa in Arizona. I could not get back here for the hearing, and in it, it staes that I only get to see my youngest son age 11 once every four motnhs, and the older one not at all, because since our separation, he got into trouble and was on 1 year probation, so the court said I could not see him. But since living here the past 9 months, I have them every other wekend, and on four accations I have had them a week at a time,cause she went to vegas, so I kept them. I actually have them more than her, except they sleep in her house. When the abuse started to happen and I went and got a Protective order against her, and then the out come was that she did have some abuse but not enought to warrant a change of custody, even with the evidence of pictures and letters, and text. What I am asking my oldest is 17, and is going to college in South Dakota, but can he jjst get up and leave her house and come live with me, at his age, or will he get oin trouble by the courts? He hates it there and wants out, and I know that if he could just leave and come her, 2 miles away, then after a little time she would let the youngest one that she is verbally and physically abusing, to come live with me, cause he is so much like me.. I also know that after some time she is ging to revert back to her old ways, and then I will get another protection order. But I am asking you can my 17 year old just come and live with me at his age? Sir, I am 59 and a great father, I am so scared that the next call I get is, your youngest son is in the hospital. I got a call from her today, and she told me that I now longer can see the boys, The youngest only every four months, and never for the older one. She is sad and pathetic. Tahnk you for yur advise, I truly will use it.
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
Without the court ordering the change of custody, I am afraid you would be in violation of the court order and they could force him to return to the mom's house. You can file for a motion for change of custody based on the wishes of the child without the abuse allegations and see if the court will consider the wishes (the court MAY consider the wishes of the child as only one of the factors in the best interest of the child by law it cannot be the deciding factor). If not, without her written consent she can haul you back to court for bringing the 17 year old to live with you against the court order.

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