16 year old son wants to move in with me.

[fdelorey]

What is the name of your state? Massachusetts

My son will 17 in February, he wants to move in with me now. His mother has custody but they have not been getting along for some time. She is not against this but I believe that soemthing must be to done to make this legal. Just to complicate the whole process she moved to New Hampshire without court permission years ago. I did not fight this as I was able to move closer to the New Hampshire border for visitation purposes. The docets are still under Cambridge city Probate court. Seeming she is not contesting his moving what needs to be done if anything??

 

[SMURFEELAW]

First I thought probate Court was for wills, Anyways though I would get your case transferred to where you are or your ex. Once you do that the two of you can either draw up an agreement amongst yourselves or have a lawyer do it when the parties actually agree it is much easier than you may think. File the agreement with the Court and you are done. This is assuming that you and your ex are in agreement. Good luck. If she will not agree you would have to file for a modification at 16 the judge will take your sons' opinion into account.

 

[SOPHIELYNNE]

am not sure about your state, but i believe unless the mother could prove "just cause" there is nothing to prevent a 17 year old from living with which ever parent he wants; my attorney told me that the courts view a 13+ year old as a 800lb gorilla, they sleep where they want!

 

[VeronicaGia]

am not sure about your state, but i believe unless the mother could prove "just cause" there is nothing to prevent a 17 year old from living with which ever parent he wants; my attorney told me that the courts view a 13+ year old as a 800lb gorilla, they sleep where they want!

Oh brother! Yes, and then the custodial parent can file a contempt of court action against the non-custodial parent and a judge could then force the child to move again. This will create court costs, loss of wages and will put the child in the middle of the battle.

To the original poster, if you and she are in agreement, hire an attorney to draw up the documents, get the signatures of both parties, file it with the court and get a judges signature. Until custody is changed legally she will retain custody of the minor child.

 

[valarie1979]

Son wants to move with me now!

Take her to court, the judge will ask him what he wants the judge if you have nothing that will prevent you from having the child, UNSTABLE living arrangments, drug habit blah blah blah.He most likely will get to be with you.
In the courts eyes he is at the age to choose! Good luck!

 

[smorr]

VeronicaGia is correct. This seems to be the best route to go. It will save you any aggravation should she change her mind if she just says "yes" verbally. Contact a lawyer, maybe even the one who helped in your divorce, if you had one. If she agrees to a signed agreement, do it fast, before she changes her mind. There may be a complication by the fact that she moved to NH with a minor child, but if you didn't object I don't think the Mass. court will make a big deal out of it. In fact, it may work in your favor! If you're still located in Middlesex County, even though you moved, you should still be able to bring the agreement to court in Cambridge. By the way, Smurffelaw - I'm also from Massachusetts and yes, probate court serves two purposes, wills, etc. and family law, including divorces.