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How are you? I need some advise. My son is 15 years old, my…

Hi. how are you...

Hi. how are you? I need some advise.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

My son is 15 years old, my ex stay with him one week and I the follow week. Now, he says that "he doenst want live here and/or see me every week". I love him, this make us sad, but he can choose with who he wants to live and when he wants to see me? We cant compete with my ex-wife, new life style. There is anything that I can do to a least have the right to see my son?

Lawyer's Assistant: Family law varies by state. What state are you in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. this is it.

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Answered in 1 minute by:
3/22/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,345
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 5 months ago
ok. thanks

Good afternoon,

A minor child does not have the right to decide which parent he wishes to live with. The mother could file a motion with the court for a modification of the custody order, but they have to be able to show that there has been both a significant change in circumstances since the previous order and that it is in the best interest of your son. Outside of a major change, that would be very hard to demonstrate. A child can at such a hearing express their wishes to the judge, but again, their wishes are not binding on the court's decision. Ultimately it would come down to what the judge feels is in the best interest of the child.

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Unless and until a custody agreement is modified, it must continue as ordered by the court.

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Customer reply replied 5 months ago
his mother support his decision.
Customer reply replied 5 months ago
for sure will hire the best attorney to fight. She told me that him can choose in court. I just want to make sure this is legal. Because I dont like the idea of put him in court.

But she doesn't get to make that choice. If she's keeping your son from you, you can file a motion for contempt to enforce the original agreement.

He absolutely CANNOT make the decision. He is a minor child. He can be heard by a judge on his wishes, yes, but he doesn't get final say.

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Customer reply replied 5 months ago
ok. thanks. i will contact you later. I am at work now. thank you so much.

Now mom may claim that she can't force your son to visit - and this is true to a degree -he's not a small child that can just be picked up and put into the car. If he refuses to go, she can't drag him there. But she should be telling him that he needs to have contact with you and not alienating your son from you.

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Sounds good. Please remember to leave a positive rating by clicking on the stars at the top of the page so I am credited by this website (you can still reply back to me after rating at no additional cost).

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,345
Experience: Experienced in multiple areas of the law.
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