16yr old son wants to live with dad

My 16 yr old son was visiting me all summer,as he usually does. This year he has decided he would be happier living with me in Fla. He currenly is living in upstate NY
with his mother. He called his mother and talked to her about this, she seemed to have no objection and even offered to pack some of his stuff and ship it down. He told her he would come back to NY and get his things and that he wanted to say good by to his friends. He gets home and gets packed and she advises him he can't leave and that if he does she will call the police and say he is a run away,and if he ends up here in FL she will have me arrested for kidnapping.
We have joint custody of the kids(there is also a 17yr old son). My question is what happens if he just decides to up and leave
,at 16 does he have the right to choose were he is happier and would rather live? Can she
report him as a run away,knowing he is comng back to FL? Can I be charged with kidnapping if he shows up here and I let him stay, I didn't go get him but I did provide airline tickets? I realize that he & I would have to petition Family court for a change in custody ,but ,he also needs to get registered in school here and they have already started. Anyway any info on this would be greatly appreciated!! If you know of any web pages that might enlighten me as well would be nice...I have not found anything to specific in reguard to this type of situation.

I'd file for a change of custody and let your son tell the court himself, rather than risk a kidnapping charge. I am NOT a lawyer, but think it sounds like your ex could get you in trouble. You might have to make the change mid-school year, but at least you would know it was legal and enforceable.

I am in the same situation my kids are in NY and I am in Fl. This past summer visitation my kids also said they wanted to live with me. I have just recieved my petition papersI have talked to my ex about this in the past and he refuses...He's a controll freak and this is his way to still controll me. Let me know how you make out..Good luck!
Frustrated mom in Fl.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Frustrated dad and son:
[b]My 16 yr old son was visiting me all summer,as he usually does. This year he has decided he would be happier living with me in Fla. He currenly is living in upstate NY
with his mother. He called his mother and talked to her about this, she seemed to have no objection and even offered to pack some of his stuff and ship it down. He told her he would come back to NY and get his things and that he wanted to say good by to his friends. He gets home and gets packed and she advises him he can't leave and that if he does she will call the police and say he is a run away,and if he ends up here in FL she will have me arrested for kidnapping.
We have joint custody of the kids(there is also a 17yr old son). My question is what happens if he just decides to up and leave
,at 16 does he have the right to choose were he is happier and would rather live? Can she
report him as a run away,knowing he is comng back to FL? Can I be charged with kidnapping if he shows up here and I let him stay, I didn't go get him but I did provide airline tickets? I realize that he & I would have to petition Family court for a change in custody ,but ,he also needs to get registered in school here and they have already started. Anyway any info on this would be greatly appreciated!! If you know of any web pages that might enlighten me as well would be nice...I have not found anything to specific in reguard to this type of situation.[/b]<HR></BLOCKQUOTE>

I am in the same situation my kids are in NY and I am in Fl. This past summer visitation my kids also said they wanted to live with me. I have just recieved my petition papersI have talked to my ex about this in the past and he refuses...He's a controll freak and this is his way to still controll me. Let me know how you make out..Good luck!
Frustrated mom in Fl.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Frustrated dad and son:
[b]My 16 yr old son was visiting me all summer,as he usually does. This year he has decided he would be happier living with me in Fla. He currenly is living in upstate NY
with his mother. He called his mother and talked to her about this, she seemed to have no objection and even offered to pack some of his stuff and ship it down. He told her he would come back to NY and get his things and that he wanted to say good by to his friends. He gets home and gets packed and she advises him he can't leave and that if he does she will call the police and say he is a run away,and if he ends up here in FL she will have me arrested for kidnapping.
We have joint custody of the kids(there is also a 17yr old son). My question is what happens if he just decides to up and leave
,at 16 does he have the right to choose were he is happier and would rather live? Can she
report him as a run away,knowing he is comng back to FL? Can I be charged with kidnapping if he shows up here and I let him stay, I didn't go get him but I did provide airline tickets? I realize that he & I would have to petition Family court for a change in custody ,but ,he also needs to get registered in school here and they have already started. Anyway any info on this would be greatly appreciated!! If you know of any web pages that might enlighten me as well would be nice...I have not found anything to specific in reguard to this type of situation.[/b]<HR></BLOCKQUOTE>