Need Help Regarding Change of Custody

Updated on July 01, 2010
C.F. asks from Fort Worth, TX
7 answers

Okay Mama's! I need your advice again. I will try to keep this short but give as much informationa s I can. I have a 16 DS from a previous marriage. Since 2006 he has lived with his dad in Virginia. For the past year he has stated that he wants to come to live with me here in Texas. His dad refuses but doesn't give a good reason why not. I am hesitant to initiate any type of legal proceeding because his father has the resources to get obtain a top notch attorney and I can see him flinging the mud so to speak right now. I don't have that same financial ability so am not real sure how to go about this. My DS who is here for the summer has told me to cancel his return portion of his airline ticket because he is not going back. He apparently has told his dad that also and his dad told him that if he didn't come back then he would press runaway charges???(Never heard of this but maybe someone else has).

What do I do and how do I proceed. I obviously can't force a 16 year old who is bigger than me to get on a plane but I don't want to get hit with some sort of kidnapping charge (I could see my ex doing this) either. If he does not return, I will have to enroll him in school, etc but don't have medical records, school records, etc and don't know if they will even release them to me without a big to do.

According to our court agreeement, we have joint legal custody and share physical custody (Virginia wording) whether this makes a difference or not.

I am interested in hearing especially from mama's that may reside in Virginia since that is where all the paperwork is filed but am open to advice/help from all states.

Thanks!

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More Answers

R.D.

answers from Richmond on

I would contact the state (I'm in VA)... regardless of financial status, if this almost aldult child feels extremely strongly about living with you, VA will ABSOLUTELY take that into account. They will probably appoint you a guardium ad litum (child advocacy lawyer) who will not hear your side or his, only that of your child. I believe they begin taking the childrens preference in at age 10. Contact the state and let the know that your son refuses to leave, and tell them you don't want to get in any trouble. The fact that he does NOT want to return to his father will weigh in huge. Besides, VA is one of those super strict states who PREFER to see children with their mothers. You can also obtain any of your sons records by filing with the state he was born. Let me know if you have any further questions, and good luck!! This will be a long process, but have a huge pay off :)

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D.S.

answers from Dallas on

I'm sorry you're having to deal with this situation. It must tug at your heart as a mama to have your son want to stay with you, but then feel compelled to make him return to his father. Divorce stinks for everyone involved! (I know from experience.)

Before you can make a good decision, you need to get to the bottom of WHY your son doesn't want to return to his father's home or why he wants to stay in yours (you may already know this but just didn't include it in your request) and WHY his father is so opposed to this idea. There are hundreds of reasons possible. Your son may be unhappy with a situation at school that has nothing to do with his dad. After you know the reason(s) why your son wants to make this change, then you will have better information for proceeding.

If there is a tough situation at school, and everything is basically okay in his father's home, then you can discuss whether a change of schools might be another alternative. If it's a situation in his father's home, again, see if that is something that can be worked out. As much as your heart probably wants your son to stay with you, it could be teaching him to run away from problems instead of resolving them, and that does not bode well for his future marriage. Then, if it can't be worked out, your ex might be kinder to you if he has seen that you tried to find a way to work it out for your son to stay with him, and you're not just trying to lure him away (he can have that perception, even if you're not trying to lure him away).

If it appears to you that having your son stay with you is truly the best option, objectively; then figure out whether you might be able to reason with his dad by having him focus on your son's best interests. If the dad can be motivated to understand and go along with even a trial period, then legal intervention can be avoided. It can't be in your son's best interest to get tangled up in a legal battle. That's the grown-up's problem, not his.

If you haven't already, ask your son what he thinks the reason is for his dad being opposed to a change in custody. You may get some good information, but keep in mind that this is just your son's perception, not necessarily the true situation.

Your ex-husband may not want him to stay with you if he'll have to pay child support or if he'll lose any child support that you're paying. So, consider whether you could support your son financially without any help from his father. Also, if will hurt his pride to have his son chose your home over his. To enhance your chances of winning over your ex to this idea, be sure to never refer to this change as "choosing ME" or "he wants to be with ME". Instead, focus on it being "coming to TEXAS" or "changing to my HOUSE". That wording might help it feel a little less personally against his dad. Try to keep the focus away from any negatives in the dad's home, especially of there are good reasons that are unrelated to his dad personally.

As far as "pressing runaway charges", one of the first things the police ask when someone reports a missing child or runaway teen is whether there is a custody dispute going on. They won't play that game, unless the child is physically endangered.

I hope that you can get to the bottom of whatever it is that is bothering your son about living in Virginia with his dad, and come to peaceful terms in your family. I wish you the best.

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P.G.

answers from Tulsa on

At 16, he is old enough to choose which parent he wants to live with. Unless you are a convicted child molester or drug manufacture, he will most likely be able to choose to live with you.
You might go to legal aid, or even your local Human Services office and ask them for ideas.

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T.N.

answers from Albany on

I too believe the weight of the situation lies in the fact that your son is 16, and WANTS to live with you....meanwhile you'll need to make the changes in registering him for school, etc in your area....even if it came to your ex coming to your house and trying to physically remove your son (sorry bout the ugly picture)and the police were called, a 16 year old will not be FORCED to go anywhere he doesn't want to....perhaps you can try a diplomatic approach and call your ex and discuss it.....

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J.C.

answers from Anchorage on

Check with the state, I know where I am any child over 13 gets to decide which parent they want to live with, so it would not matter what kind of lawyer he could afford if your son is 16 and wants you.

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G.B.

answers from Tulsa on

An attorney will be able to answer your questions. Since you are in a different state I wonder about kidnapping charges, runaway reports, etc...he is old enough to tell a judge where he wants to live and you can take him before a judge now and not even wait for the end of Summer. A judge can file a temporary order of custody if needed or deny it.

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L.L.

answers from Orlando on

I would think since your son is 16 he can make the decisions on where to live? I don't see why a judge wouldn't allow a 16 year old decide if he wants to live with his mom or dad, unless you are unfit. I would think if your ex hires a top knotch attorney, you don't really need an attorney when you guys go to court - if for some weird reason the judge says "NO you have to stay living with your Dad" .. then at least your son only has 2 more years then he is legally an adult and can do what he wants.

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