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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102522
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a psychologist.. s 14 year old son wants to live with m

Customer Question

I am a psychologist for Mr. Brown. His 14 year old son wants to live with him instead of with his mother. His mother just had her youngest 2 kids removed from her care. How can Mr. Brown proceed to be allowed to have his son live with him? Mr. Brown has parenting time with his sons, but I'm not sure if he has joint legal or joint physical custody. Can you advise me how to help him get the legal help he needs? Thank you very much for your help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation, S. Understand that you as a non-parent have no legal standing to initiate any court procedure for custody. Only a parent or a times a relative or a person who has had informal custody for some time can do so, as well as CPS.

There are two things that can be done here:

1) If Mr. Brown files for modification of custody via the court, you can testify as an expert for MR. Brown. The Court determines custody based on "best interest of the child," meaning general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

2) If Mr. Brown or another third party was to call in an anonymous CPS complaint and CPS was to investigate, then someone in your situation may be contacted to provide their opinion on the matter. CPS normally wants to place a child with other family if possible, so CPS may then place the child with Mr. Brown. As in #1, formal testimony from you may be required.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.