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I am a mother of 4 who left the marriage after 16 years. I

 
PaulMJD's Avatar
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I am a mother of 4 who left the marriage after 16 years. I moved out of the state- to Alabama about 5 years ago.My childrens ages are 23-21-18-11. The 11 year old has come to visit and wants to move with me. I have paid child support for the entire time since the end of the marriage , the amount has never changed even though only 1 of the children has been in the home for the last 1 1/2 years. My ex told him no. The circumstances are- my 23 year old dropped out of school in his 10th grade year and is now living back at home with his dad with no job and reports of him from the younger one that he is doing drugs.The 21 year old is married and has her own house and child, she moved out when she was 16. The 18 year old is right now in prison for drugs possesion and breaking and entering. Im trying to prevent my 11 year old from going down this path. He wants to move with me and my husband but my ex dosent want to loose the money he gets from me every month.Advice please.

 

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State/Country of Question: Florida

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Nothing other than my son asking his dad if he thought it would be a good idea. Im unsure of how to procede without spending alot of money.

Submitted: 1021 days and 2 hours ago.
Category: Legal
Value: $18
Status: CLOSED

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Expert:  PaulMJD replied 1021 days and 2 hours ago.

You would file a motion for change of custody and you would use the history you described as why the change is in the best interests of the child. Additionally, the child is right at the borderline of the age where the courts may consider the wishes of the child in making the determination as to whether the move is in the best interests of the child. The court will consider the maturity level and educational level of the child in determining whether or not to consider his wishes and the general age for this is about 12-14, but you should still ask the court to consider the wishes of the child. You would have to file this motion in the same court that issued the custody order. You should enlist an attorney to do this for you especially since you are out of state.


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Expert TypeAttorney
Pos. Feedback: 98.9 %
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Answered: 8/5/2009

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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