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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100957
Experience:  Lawyer
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I have share custody with my ex. My son is 12 and express he

Customer Question

I have share custody with my ex. My son is 12 and express he would like to live with me full time. What are my legal options? Please can you take in consideration that we are trying to keep that information away from is mom because she hunts him down with questions and gilt
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: Canada, SK
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that would be all
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.
Thank you for your question.I am sorry to hear that you are in this difficult situation.How long has the current arrangement being in place?Is there an order with respect to custody or an agreement?Would the other parent agree to adhere to the wishes of the child?
Customer: replied 11 months ago.
Current arangment are in place for the last three years.
Yes its share custody one week with us one with her and share custody on bringing decidions.
No she wouldnt agree she will make a very difficult life for a child
Expert:  Debra replied 11 months ago.
That is very sad to hear.Essentially, while a child at 12 does not have a right to decide where to live yet a court will give the wishes of a child of the age a lot of weight.Your next step would be to seek to vary the order on the basis that there is a material change of circumstance which is that there has been a passage of time, the child is older, and the child has made his wishes clearly known.As always you will have to prove to the court that what you are asking for is in the best interest of the child but at 12 it is generally considered to be in the best interest to allow the child to live where he wants.Does that help as a starting point?Please feel free to post back with any follow questions you may have. If you do not have any follow questions I hope that you feel that I have earned a five star rating. If you do not feel that I've earned this rating please do not hesitate to post back to let me know how I can better assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow up questions at a later date without for no further charge.
Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?