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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Trying to help my son

Customer Question

Trying to help my son. His son is 13 and wants to live with his father and calls his dad every day crying cause his mother will not let him. Mom has custody but the child wants to live with his dad and won't leave his mother cause he is afraid of her. What do we do first as money for a lawyer is not going to happen at this time. Can this child go to a judge and ask that he live with his father?

Submitted: 4 years ago.
Category: Family Law
Expert:  Ellen replied 4 years ago.

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Why is your grandson afraid of his mother? In what state was the last custody order entered?


Customer: replied 4 years ago.

She has a temper and he is afraid that she will blow up. Colorado is where all custody has taken place.

Expert:  Dave Kennett replied 4 years ago.
Dear Customer - I'm not certain why you opted out your other expert as she is very qualified in this area of law. In any event,I will try to assist you and answer your question. Children cannot go to court on their own or ask a judge for anything. The only person who can get the custody issue before the judge is your son who would have to file a motion with the court for a change of custody and request an "in camera" interview between your grandson and the judge where your grandson can express his wishes to the court. The court makes custody decisions based on the best interests of the child so your grandson does not have the right to choose or to make the decision but atXXXXXwill generally listen to the child and take that into consideration when making the decision. Your son can file his own motion with the court and I have included the "Self Help" website for Colorado family court actions. He would want to use the forms for a change or modification of custody. Once he files his motion the court will set the matter for a hearing and at that point he can request that the judge interview his son in private where your grandson can speak to the judge in private and not have to fear his mother. Here is the website I promised:

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