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SON IS 16 YRS. OLD. REQUESTED TO LIVE WITH ME AND WIFE, (DAD).

WHAT DO I DO? I...
SON IS 16 YRS. OLD. REQUESTED TO LIVE WITH ME AND WIFE, (DAD). WHAT DO I DO? I LIVE IN DALLAS COUNTY, HE LIVES IN COLLIN COUNTY .
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Answered in 2 minutes by:
7/20/2013
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,690
Experience: 16 yrs. of trial experience
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me, what does the current custody order provide? Does mom have possession (primary custody)? How much time do you receive with the child currently?
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Customer reply replied 4 years ago


AS OF DIVORCE, 1999, WE HAVE JOINT CUSTODY. 1st SON WAS GIVEN TO ME BECAUSE SHE WAS GOING TO PUT IN BOYS CAMP UNTIL 18 IF WE DIDN'T TAKE HIM. OF COURSE I TOOK HIM. I WAS NOT GOING TO LET THAT HAPPEN. HIS SCHOOL GRADES WENT UP, PLAYES SPORTS IN JR. AND SR. HIGH, (FOOTBALL), AND IS NOE A SARGENT IN MARINE CORP. WITH WIFE AND CHILD. I DON'T THINK WE DID SO BAD. YOUNGEST SON WANTS THE SAME OPPORTUNITY. I THINK THIS IS FAIR. EX IS TRYING TO DICTATE HIS LIFE TO BE WHAT SHE WANTS HIM TO BE,WITHOUT LETTING HIM MAKE UP HIS OWN MIND. I HAVE AGREED WITH ALL HER WIMS AND WISHES UNTIL NOW, NOW ITS TIME FOR ME TO DO WHAT IS BEST FOR MY SON TO PREPARE HIM FOR THE REAL WORLD.

Thank you sir. And congrats on the young Sergeant of Marines...many will say that rank is the "backbone of the Marine Corps"

You are partially correct when you say

I UNDERSTAND THAT HE CAN NOW MAKE HIS OWN DECISION AT THIS TIME.

That is part true...

There is not a "right to choose"...but when a child reaches teenage years (typically 11 or 12) the court will start to listen to their concerns.

The court will always make its decisions base on what the court believes is the best for the child...but it will take into account the child's desires and the reasons for them.

For example, if the child wants to spend more time with dad...and the reason is dad allows them to play video games...this would not carry as much weight as the child that does not want to spend time with mom since she beats him.

Extreme examples perhaps, but the idea is the court will consider what the child has to say as well as why they are saying it.

In your case, if the child (young man at this stage) wants to follow in the footsteps of his brother??

Frankly, I would think the judge would support that.

The court simply wants what is best for the child. If this child knows what he wants and can articulate that to the judge? Something as noble as following in the footsteps of his brother? I would expect the court to grant that request

You have to go to court...no way around that. And into the same court that issued the original custody order. You are simply making a request to the court to modify that order.

So you need a local attorney to file.

But what you describe? Sounds easy.

Please let me know if you have more questions


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Customer reply replied 4 years ago

THANK YOU. I REALLY DID NOT THINK THE PROCESS WOULD BE THAT TRAMATICK. AT THIS TIME I GIVE $100./wk IN SUPPORT AND CARRY HIM ON MY INS. I AN 62 YRS. OLD AND AM CONSIDERING RETIREMENT IN NEAR FUTURE. I REALLY WANT TO BE ABLE TO BE AN INFLUENCE IN IN HIS LIFE. BEFORE NOW I WAS NOT ALLOWED. I DID FIHGT THE DIVORCE, BUT ONLY VERBILLY. I HAD NO LEGAL REPRESENTATION BECAUSE AT THE TIME I WAS GOING TO MAKE HER PAY FOR IT ALL IF SHE DID NOT RECONSIDER. OH WELL, IT IS WHAT IT IS. I AM HAPPILY MARRIED ALMOST 12 YRS. NOW TO A WOUNDERFUL LADY, MY BEST FRIEND IN WORLD. EX. IS STILL NOT MARRIED AND STILL NOT (ACCORDING TO HER) NOT SEEING OR EVEN INTERESTED IN ANYONE. GO FIGURE! IF NEED BE, CAN YOU FURTHER HELP ME IN HOPEFULLY NOT THE BIG BATTLE?


,

Sir thank you for that compliment.

I can not represent you...that would violate the terms of service of this site.

But I can continue to answer questions you may have as this unfolds. You can always request me by putting "for PSIMMONS" in the question...I check each day for questions

I do not see this as a big battle...if mom wants to fight? She would be paying money in a loosing battle...this one is yours for the taking.
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,690
Experience: 16 yrs. of trial experience
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P. Simmons
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Satisfied Customers: 35,690
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