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Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
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My ex husband is seeking custody of my 14 year old ...

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My ex husband is seeking custody of my 14 year old son. My son is stating that he does want to move with his father 45 minutes away from myself. This all began when I recently became engaged. My ex stated to my son . "if you move in with your mother and her new husband. "I will not pick you up there". My son has many friends and good schools where we reside now. I know my exes motive for this modification is being done out of anger.jealousy, and money{stop child support{retiring}. My son does not have the maturity to see any of this. Nor the maturity to see how different his life will be.He does not have friends nor family at his fathers house. help.. Susan
Submitted: 9 years ago.
Category: Family Law
Expert:  Law Girl replied 9 years ago.


Thank you for your question.

You definitely have the ability to fight the petition for custody by filing an opposition to the petition. In your papers you can point out why the custody change is not a good idea and why the child's best interests are met by your retention of custody.

Although not dispositive, the judge has the discretion to consider your son's opinions in the matter. At the age of 14, your son definitely has a concept of what it means to live in one location over another. He may not understand the implications, but a judge may find that he is old enough to appreciate the decision.

The judge will listen to all arguments, consider the evidence and make a ruling that is in the best interests of your son.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!


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