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i have a question ! my son who is going too be 17 july 14 and…

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i have a question...
i have a question ! my son who is going too be 17 july 14 and my daughter who is 15 have contacted me by phone asking me if they can come and live with me. i have joint custody but they live with their mom and she for awhile now from what the kids say too me is being very hard on them! if the mom comes home from work and is haveing a bad day she takes it oout on them they say too me in the phone conversations for the past few weeks and so its getting so bad that they want too move in with me and my wife ! i said that i would look in to it and find out how too go about this process but in the mean time they need too really thing about the whole thing and make sure they are doing this for the right reasons not just because they are mad at their mom and they said they would think about it and let me know so thats why im here so see if and how too do this if they ask again
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/21/2010
Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good afternoon,

I'm sorry to hear of your dilemma.

If both of your children decide that they want to live with you, you will need to file a Petition with the court for a Modification of Custody. The court will give some weight to the wishes of your children---however, their desires will not guarantee where they will ultimately live.

I will tell you up front that judges generally have little sympathy for kids that want to move just because mom or dad is "too hard on them". They should be able to articulate mot adult reasons for wanting to make the move. The 17 year old will likely be allowed to move in with you because by 17 most judges pretty much go with what the child wants---so long as the child appears mature in their reasoning.

I wish you and your children the best in the future.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

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