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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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Father and I have joint custody I am primary care taker of

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Father and I have joint custody I am primary care taker of our 3 children. Father very rarely uses his visitation I live in Sc he lives in va. Now 12 yr old son wants to live with him. Father also can not initiate conversation/discuss them living with him. Son says that he not dad brings up conversation. Help please

Dear JACUSTOMER - Your son cannot make the decision to move to his father's if you are the residential parent. His father would have to file a motion for a change of custody and the court would have to make the decision based on the best interest of your son. I doubt the court would allow the children to be split up just because a 12 year old wants to move.


At this point there's really nothing you can do to stop your son from talking about it so I would simply say that at this time it's not possible and not discuss it further. The father would have to come to SC to file any action of this nature and it can be expensive. At some point the court will definitely listen to your son and place more weight on his testimony and there's nothing you can do except create an atmosphere that make him not want to leave. Kids at this age change their minds very often so what he wants today may not be the case next month. The more you object or talk about it the more he will bug you about moving.


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