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Ask Ellen Your Own Question
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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my son will be 12 years old in next month, he came to visit

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my son will be 12 years old in next month, he came to visit me every year from New York and now like other years before he does not want to come with his mom in NY. Last night like the last few days he was crying and me too, my heart is destroyed because he asked me often to stay here with me in Florida, he has 6 cousins, grandmom, aunts and uncles (my family also) in Florida, this happen every year when the day to go back to NY., it is close. PLEASE GOD OR SOMEBODY CAN I KEEP MY SON WITH HIS SMILE HERE

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Customer: replied 6 years ago.

Thank you for your question.

A court order must be followed until and unless it is modified by the court.

All matters involving child custody and visitation are subject to modification by the court if the change has occurred that has affected the child's best interest. The change in the preference of a 12-year-old in such a change and his preference will typically be given strong consideration by a court.

Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child and the child's reasons for requesting the change.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
Ellen and 7 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Can I take my own risk and let him stay with me, because the answer from you it's information than I know
if your court order states that your son must return to New York, you can be held in contempt of court if you do not return him to New York.

Your best bet is to file your petition to modify the parenting plan now while he is still in your custody. You would need to file the petition for modification in the court that issued your last order