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Sure the father could do that. there is nothing to prevent him from petitioning the court BUT the issue is will he be successful? Unless the teen is a problem child or expresses his desire to live with the father, the father's probability of custody are practically zero. Even if the teen expresses a desire to live with the father, the court will still make the decision that is in the best interests of the child. That is a heavy burden to overcome and it is doubtful that a court would think it is in the best interest for a child to go and live with a parent he does not know and has spent no time with. Again, unless the mother
is unfit or something serious like that, I cannot see legally where the father would stand a chance at success. That and the fact that the teen will almost be 18 anyway and then can decide where he wants to go at that point. So mom could drag out the court hearings until teen is 18 and defeat father's custody claim strategically in that manner.
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