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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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My 17 year old son has requested to move in with me. I am the

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My 17 year old son has requested to move in with me. I am the non-custodial (father). He is failing in school and he has no support from mom. He has also started to open up about verbal abuse going on at home. He has asked me to help him. He says his mom will make him pay if she finds out he wants to move in with me. His mom is a very difficult bitter person. I have tried talking to her about getting him a tutor to help with his grades but she tells me to mind my F-ing business, she says she is the custodial parent so she calls the shots. What can I do?
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
You can file for a modification of custody and the judge can take the child's wishes into account. At 17 the judge usually goes with what the child wants and you would also include a request to modify the child support. You will have to go to court and that is the only way.
Customer: replied 7 years ago.
Is there anything I can do to protect my son? She has always been a very controlling and even abusive person. He says she will make him pay for leaving because she is very dependent on the child support check. Please believe me when I say crossing her is like playing with fire! I even have letters from 2 of her brothers and 1 sister explaining to the judge that granting me custody is in his best behalf. Is there anything I can do to protect my son? I feel for him when she gets served with papers.
Expert:  lwpat replied 7 years ago.
When she is served he could simply go ahead and move in with you. She can file for a contempt of court action but I doubt that a judge would find in her favor if you can prove any of your post. Of course you could agree to continue to pay her the support.

Edited by lwpat on 2/1/2010 at 4:31 AM EST
Customer: replied 7 years ago.
Yes, I can prove all those things. So, he can go ahead and move in with me? I have to wait until she's served right? What if she calls the police and they come to pick him up? I would also like to let you know that we both live in california, she lives in Madera county and I live in fresno county. I don't know if it matters but I just wanted to give you all the info.
Expert:  lwpat replied 7 years ago.
The police will usually not get involved, especially if there is an ongoing court case. You can ask the local department what they would do. Based on your post you would have a good claim that it was in your child's best interest but you will need more than just your word.
Customer: replied 7 years ago.
Sadly they will get involved. In November of 2009 my son walked 2 miles from the town he lives in wearing nothing but shorts and a t-shirt because he ran away when she threw a telephone book at him. I picked him up went and bought him warm clothes and filed a police report in Madera ca. The cops went to her house to question her and she cried and said she was stressed and sorry so police told me I had to return my son to her immediately. Yeah this town has a bad rep for child neglect.
Expert:  lwpat replied 7 years ago.
Then ask your attorney to try and get an emergency hearing.

An accept for my time is always appreciated.
Customer: replied 7 years ago.
I can't afford an attorney! Can I ask for an emergency hearing myself?
Expert:  lwpat replied 7 years ago.
Yes you can. You can ask the clerk to print out a similar case for you to use as a guide. Here is the self help site.

an accept for my time is always appreciated.
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Customer: replied 7 years ago.
okay thank you