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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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my son just turned 16 and is visiting for the summer his mother

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my son just turned 16 and is visiting for the summer his mother told him he coulod live with me his father when he turned 16 and is now saying he can not he does not want to go back to his mother and is now calling her a lier i would love to have my son live with me and am asking what steps i need to take to help my son to not have to go back
Submitted: 3 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

If you currently have a custody order in place that gives her custody, you'll have to go back to the court and get it modified. Otherwise, even if your son has chosen to stay with you, she could have you held in contempt of court for not following the order. To get the order changed, you'll have to show a material change in circumstances. Your son is old enough that the judge will listen to what he has to say and consider his reasons for preferring to live with you.

If you can tell me what state you live in, I can check to see if there are forms available online. Otherwise, if you call the family court, they may have them.

Good luck.
Customer: replied 3 years ago.
the original court order was in tucson arizona my ex moved to north carolina and i now live in colorado witch is where i would like to file there has been no notification to arizona i am a resident of colorado and her north carolina can i file in co
Expert:  Lucy, Esq. replied 3 years ago.
The original court retains jurisdiction until the case is transferred. It probably wouldn't be terribly difficult to get the case transferred, since Arizona no longer has any interest in the case. However, since the mother has custody, it's more likely the judge would transfer the case to North Carolina than Colorado, because that's technically where your son lives. If you simply file in Colorado, the mother can move to dismiss the case based on the fact that there is an open case elsewhere. But you can try to move the case to Colorado and see what happens.

Both Arizona and Colorado have custody modification forms online, but you may want to talk to a local attorney about getting the case transferred. That's not quite as simple. A good place to look is http://www.martindale.com.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19614
Experience: Attorney with experience in family law.
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