My divorce was finalized back in 2002 and we have two boys age 13 and 15 now and she has the physical custody of kids and i have joint managerial custody. My little one since the past 8-10 months wants to move with me and live with me. She has been telling him that in order for him to go live with Dad he needs to ask me to file papers in the court and she will come and sign the papers. When i got an attorney to do that and my attorney called her attorney, they wouldnt even response and therefore it looks like she is only playing games with his mind. Once every week-10 days there is a situation where he calls me at night, after he would have argument with her about him living with me, and asks me to pick him up which i do but since i dont have his legal custody, i have to drop him to his school and he has to go back to her home which has been going on since past 3-4 months. Is there anyone who is going thru this or has been thru this and how have you handled/resolved it. I need my boy.
2006-11-08 09:57:21 · 7 answers · asked by nash_amax 1 in Family & Relationships ➔ Marriage & Divorce
Yes. I feel for you and your and your childrens situation. However, I feel more for your children. Being in a broken family can be very hard on a child especially when they want to live with the non-custodial parent. My step daughter wanted to live with her father and I. Her mother had us come and get her... the next day she said nope... she "invested to much time into her and will not allow her to live with us". Parents no longer look at what the child wants or what is best for the child. There are people (not all) but some that will just use that child against the other as a leverage. It tears me up.
It is very hard to get custody of a child when the mother has the custody in place. You may want to try for joint custody. See if it will affect the child in any way. It's not "who" needs the child... it is what is best for the child. Make sure it does not affect the childs grades or stability.
It seems you are going to have to take her to court... not wait until she is ready to try to sign papers. I would try for joint before trying for full custody. See where it goes. Good luck to you and your children!
2006-11-08 10:05:22 · answer #1 · answered by Keith Perry 6 · 0⤊ 0⤋
Youre in luck. Petition the courts for a remodification for child custody hearing and ask the judge to let your sons decide who they want to live with, as both are more than old enough to do so. Dont bring up any deals she failed to meet or such. Dont belittle their mother, just petition the court as if this is the first time this came up. Dont challenge her on anything, just ask the judge to let your sons decide and leave it at that. The judge will take the kids into his chambers and ask them some questions designed to show if they are able to reason which should be no problem at their ages, but dont coach them. Unless you have child or drug charges pending against you, you will have no problem here. Once you get awarded custody ask the judge to remodify any child support being paid. These are the only 2 areas you can file to remodify once the divorce is final, so youre fully within your rights to do this. Good luck
2006-11-08 10:19:54 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
Has the younger one told your attorney that he wants to live with you? Most states take what the child wants into consideration when they hit 13 or 14. I have primary physical custody of my 17 year old. Up until this past April, she saw her dad maybe 2 times a year. He recently moved back to the state, so she made the decision to go live with him to "make up" for the time she didn't get to spend with him for the 5 years prior. My best advise would be to let your son talk to the attorney himself to tell the attorney what he wants. Like I said, he is at an age where the judge will MOST LIKELY take his thoughts into consideration. If the ex-wife is playing mind games with your son, it will backfire in her face one day. He WILL grow to resent her for not taking his needs and wants into consideration. Kids are not stupid. They may not know how to express what is going on, but they definitely DO know what is going on.
2006-11-08 10:35:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There is not any such factor as a army divorce. All divorces are civil issues. Having stated that, the quantity of youngster help is situated on earnings. If there's a courtroom order in position that states how a lot youngster help he must pay, then that is what he demands to pay. The most effective means he might petition the courts to reduce the quantity is that if his instances converted and he immediately began making vastly much less cash. As for sending extra money at any time when his ex asks for it, he isn't obligated to do this and he's actually a idiot to take action.
2016-09-01 09:24:55 · answer #4 · answered by shiva 4 · 0⤊ 0⤋
Well what you could do is find another attorney that will be willing to fight for you and your son. or you could fill child abuse papers on her stating that your son is being mentally abused by his mother since she is playing head games with your son. this will get the ball rolling so that you might opting custody of your son. or he could partition the courts to divorce his mother and live only with you. give It a try, hope that I could help. good luck.
2006-11-08 10:06:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
well to start off with: a mom would be very upset if her son left her.....but from research on a project when at the age of 14 the child can chose who to live with and his mom wont be able to rule over that....if you have any more questions then you can contact me on my profile
2006-11-08 10:09:06 · answer #6 · answered by wish i could have my navy man 2 · 0⤊ 0⤋
right now just be there for him you have to petion the court to get custody but don't just take him and leave.
2006-11-08 10:01:24 · answer #7 · answered by fstrkm 3 · 0⤊ 0⤋