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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My son does not want to return to s mother's house and wants

Customer Question

My son does not want to return to his mother's house and wants to live with me. His mom and I have been trying to agree on a custody modification to make this happen over the last few months until recently she has decided to back out and states he needs to come back there and live with her. My son has repeatedly informed her that he will be better off with
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: me. Iowa is the state. He has been staying with me all summer and she has not visited him once. In the last year, he has experienced emotional issues at school and has even been hospitalized multiple times. The discussion was that he move with me to start over and get a fresh start for high school.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: This is a custody issue. My problem is since she is backing out, I would need to proceed with filing for custody. So what can I do in the mean time? Can she legally make him go back with her? Will I suffer any repercussions by keeping him with me?
JA: Have you talked to a lawyer yet?
Customer: Scheduled to on Monday but she claims she is coming to get him on Sunday and he is telling her he doesn't want to go.
JA: Anything else you think the lawyer should know?
Customer: The biggest reason she is backing out of our modification discussion is she can't afford child support and needs my child support to maintain her selfish lifestyle. She has already stated she can't afford to pay it. Some other reasons he needs to come live with me, is she is never home. Very selfish lifestyle and spends nothing on my son. He eats alone every night at her house which he has to eat frozen dinners etc..while she works out at the gym and eats out with her husband. He's never been allowed to be in any extra curricular activities. He has now seen after this summer what kind of opportunities and family life I can give him
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.
Good Morning,I will try to best answer your question.Since you mention the word modification I am assuming there is a custody order that is in place. If there is a custody order in place that requires the return of your son you must comply with the same otherwise you will be in contempt of court. If your son wishes to live with you and you believe that is in his best interest and mother will not agree to the same then you must file a petition for modification before the court in which the original custody order was entered. You will need to do this as soon as possible as it often takes a month to schedule a custody hearing depending on the court schedule. I would suggest claiming your modification is an emergency in order to try to get herd as soon as possible.
You didn't mention exactly how old your son is but you mentioned High School. The older your son is the more mature the court will assume his reasoning to be. If your son can articulate the reasons that you have expressed as to why he wishes he was with you I would think you have a very strong case for modification. The trick is getting the modification filed as soon as possible as you will technically be in contempt of the order if it requires his return on a specific date and you do not do so.I would also try to text or email Mother advising her of your son's wishes and that you will work with her on the child support issue. I'm not telling you you should actually work with her onthe child support issue but you would want to try to get her to acknowledge that that is her real concern in a text message so you can print it and attach it to your petition for modification and alleged that she is only concerned with regards ***** ***** child support payment.
My advice again is to file a petition for modification ASAP. I hope this information is helpful and I wish you the best of luck reaching a resolution for your son.