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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My son has come to live with me instead of his mother.

Resolved Question:

My son has come to live with me instead of his mother. My child support is withdrawn from check directly to her. She refuses to give it back. How do I get that changed?
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

DearCustomer- You will need to make a motion with the court to change custody from the mother to you. The court is the only one who can change custody and amend or terminate support payments. Until you get a court order to your employer the payments will continue. Unless the mother agrees there will have to be a hearing to determine whether your son can live with you. The court uses a standard of "best interests of the child" to make its decision.

Depending on the age of your child the court may listen to your child's testimony regarding where he wants to live but the final decision rests with the court.

David Kennett - JD - Attorney at law

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