my son, 16 yrs old lives with his mother in Baton Rouge, she has full custody, she has not held a steady job, was a stripper, has been physically abusive to him. He has wanted to live with me since he was 12 yrs old. I live in Dominican Republic, my wife has a school there on our farm, teaching the local kids. She is an accredited professor from the city university in NYC. She would assure he finishes his secondary education and is ready for college sooner than the public system he is in.The mother will not let him go, what are his options and is he likely to get a change in custody order if we go to court
Country relating to Question: United StatesState (if USA): LouisianaWhat have you tried so far?: appealing to the mother
ready to try going to court to change the custody order with my sons' testimony
This is a very interesting case. Most of the time on the facts presented, I do not give this advice. But you situation is much different. The courts do like to not let children leave the locality of where they have grown up, due to ties to the area, and also that it is in the best interests of the child to stay there. The true test for both custody and allowing the move, is what is in the best interest of the child. You have made out a very compelling case for a change of custody, and to allow the move. If the child's life is as you have described, then with what you have set up, I do not know how it could not be in the best interest of the child to be with you. In fact I think it would be a wonderful change for the child, and it does appear to be in his best interest. I could see a judge being convinced if he wants to go, to allowing the change in custody and the move. You would need to file a petition in the court where the child and mother are, for a change in custody and to allow the move. Such a motion is based on a substantial change in circumstances since time of final order,r and I think the child's age, and the wonderful teaching environment would qualify for that, and would be more beneficial than with living with a stripper. Good luck, Steve
30 years helping those with Family legal needs
Dear Customer, Is there something by way of qualification or explanation that you need, so you can rate my answer? Sincerely, Steve
, I have a court date set for mid september to do exactly this. Hope you are correct. I know the fact We live outside USA is a big one for the court to swallow. Any advice on procedure would be greatly appreciated.
The procedure is as outlined above, it is not real complicated. My advice is to make sure you have the witnesses you need to prove your case, as you have the burden of proof, and make sure you can present them at the hearing. Good Luck, Steve
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