What to do if I have joint visitation of my son and his mom has legal custody but he wishes to live with me permanently?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I have joint visitation of my son and his mom has legal custody but he wishes to live with me permanently?
He has expressed this to his mother. The reasons he gave (stability and honesty). He is 15. She has been dealing with a difficult situation with her 2nd husband and also had a relationship with a new guy during her marriage, and my son is not willing to deal with the first husband or the new guy. I don’t know how to help him or if I can help him change custody.
Asked on November 12, 2012 under Family Law, Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your son's preference is not controlling on custody, but it certainly is a factor that the court will take into consideration. The fact that he is older and can articulate why he has a preference can be persuasive to a judge. If you want change custody, then you would need to file a motion to modify the prior custody orders. You are not required to have an attorney, but it will help if you can hire a family law attorney to help file the motion.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.