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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22349
Experience:  General practice of law with emphasis in family law.
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My son dropped a bomb on me that he wants to live with his

Customer Question

My son dropped a bomb on me that he wants to live with his father and that his father has been dealing with a lawyer and that this will happen soon. He is 14. His father now only has him and his 11 yr old brother e/o weekend. When his father has him he has just been going to friends houses and parties and i think my son just wants to have no rules and fun. I am strict but do everything for my children. I think his father is doing this to get at me. He has made no attempts to see the kids more. He stopped taking them on e/o tues and thurs that was in the court order 12 yrs ago when we went to court. What should I do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Samuel-II :

Hi

Samuel-II :

Well, you need to wait until you are served with a Modification that would need to be filed by the Father. Then you will need to go to the hearing and explain to the judge why you feel it is not in your son's best interest. If your son has been living with you, then you explain what you have here. That you feel the only reason he wants to go to his Father's house full time is because his Dad is more lax with restrictions - which everyone knows is not very good for young teen. You can show that he has a good home environment, does well in school, is involved in other activities under your care. Note, the Father may ask the Court to speak directly and privately with your son to get his take on the matter.

Samuel-II :

It will not be easy for you, but if you can show that the Father has no real interest, has not tried to see the children more than e/o weekend, etc it may not be granted. However, you should know that many times a court will grant such a request because many times they feel a young boy needs to be in the Father's care. You may want to consider consulting with a local attorney to assist once you are served with any court documents in this regard.

Customer :

Yes. That is what I'm afraid of. And I really should't be. He does nothing to help with the kids. We weren't married by the way. But both kids get all a

Samuel-II :

Many times, it is difficult for a parent to argue these matters because emotions get in the way

Customer :

He gets all a's in school, just won student of the month, does great in sports. Overall just a great kid. But now I'm worried. And his parents are behind this. He is their only child. Has no home. Lives with them now, had a dui in the past and has another child that my kids don't even know about from a girlfriend a few yrs ago. He has nothing on me. I am soooo responsible and just live and work to provide for my kids

Customer :

And he has nothing to do with this other child. He lost his house when this girl took him to court a yr later for back child support!

Samuel-II :

I would say you are on top of it.

Samuel-II :

Your creditials as a parent appear pretty much impeccable.

Samuel-II :

However, you cannot head this off at the pass. He needs to file for the Modification before you can have a say.

Samuel-II :

For the time being, he will continue to get his e/o weekend.

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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Samuel II
Samuel II
Family Lawyer
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General practice of law with emphasis in family law.