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Samuel II
Samuel II, Attorney at Law
Category: Family Law
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Experience:  General practice of law with emphasis in family law.
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OK, this could be a very long question..I live in Iowa...the

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OK, this could be a very long question..I live in Iowa...the mother of my son has custody of my 14 yr old son...I have paid child support for the last 14 years..anyway..so last September she tells me that she is moving to Austin, TX with a guy that she has known since high school but only been dating for a few months at that time. My son was not happy about it but said he would move. However he stayed till November and then moved. After that Things went bad, Tracy and her boyfriend fought all the time, he beat her up more than once (she posted it on facebook) and one night she called me from Brendens phone at 3am in May and was in the closet hiding from the boyfriend because he had beaten her up...anyway I was trying to plan a way for my son to come back to me because I feared for his life after the boyfriend admitting to me over the phone that he owned a gun and that they were fighting. SO I get a call one day in May that they were coming back that day, her and my son flew back last minute...well he has lived with me since..she has lived from place to place, friend to friend and just now within the month has gotten a job but still no car. Then to only find out that the boyfriend that beat her up moved back here a month after they left when she told my son and I that she wanted nothing to do with him. one day she tells me that she has something to tell me, that he is going to counceling for his anger and she would see where it goes. I made her tell my son...he was not happy..he has told me on many occasions that he does not want to live with her now that she has found a place...and here is the kicker, he has stayed over night with her since June 1 only 4 times and takes him maybe to lunch 2-3 times a week and I am paying $450 in child support and have never gotten any back from her. Do i have a case to take her to court for stopping child support and can my 14 make the decision to live with me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

I am sorry to hear of this situation for your son.

I suggest you can file a Custody Modification and ask the court to interview your son as to his feelings on where he wants to live. This would be done behind closed doors so that he is not intimidated by either parent.

You certainly have a good basis for the custody change request and I suggest that if there are any police reports about this abuse or if you can take a screen shot of her Facebook page where it is discussed, this will be helpful.

Once the change is made, than you stop paying her child support and she will have to pay you


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated..
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22574
Experience: General practice of law with emphasis in family law.
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Samuel II
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General practice of law with emphasis in family law.