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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Six years ago I found out via a perternity test that I had

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Six years ago I found out via a perternity test that I had a son who was 11. Before the case could be settled I received a letter from my lawyer that my son no longer lived with his mother and the case was dropped, I asked the lawer to help me find him; unfortunately he was unable to locate him. I have been looking over the past six years writing letters, making phone calls, and internet searches to locate him. I was able to find the guys name that my son's mother lived with and was able to talk to him (Corey) for the first time Wed.. I thought things went very well considering, I found out that his mom had died and he was still living with this guy (James). I asked Corey if he would be interested in visiting in which he answered yes, but had to check with James first. He asked James and he told him no. I then called and asked for permission for Corey to visit, he said no and hung up, I called back and he told me not to call there again and hung up. Unable to get through since.

Your son is now 17 or 18? What state does he reside in?
Customer: replied 7 years ago.
He turned 17 on April 16th and lives in Florida.

James is likely concerned that you will attempt to take custody of your son. However, based upon Corey's age, his preference would be largely determinative of any custody issue.

You will want to consider that you may be held responsible for child support for your son from birth to date. Corey has until age 22 to determine whether to bring a paternity action. If paternity has already been established in the prior proceeding, there is no time limit on an action for past due support.
Customer: replied 7 years ago.
So, I would not be able to get custody of him because of his age? Even though he is of no relation to James nor under his court appointed custody?

Since Corey has been living with James for at least the last 6 years, he would be considered a de facto parent. That said, it would really be Corey's choice.
Customer: replied 7 years ago.
So what would Corey need to do if he wanted to come live with me?

You would need to file for custody. Corey would need to express his preference to the judge to live with you
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