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child custody

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my son has lived with his dad for 2 years and no longer wishes to live with him. he has made this clear to his dad and the girlfriend. they had no problem with that and all of a sudden he has changed his tune. i pay him for our sons care and all other expenses. he never paid me anthing. our son is 12. there has never been any kind of custody agreement between us. i need to know how to proceed from here.

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